The employee took early retirement due to incapacity. He was dismissed. The question was whether he was entitled to a pension under the incapacity clause which spoke of a member who ‘retires on account of incapacity’, in which case he got an immediate pension, or under the general provision applicable to members whose service terminated early ‘without retirement benefits becoming payable’, in which case he was entitled to a deferred pension.
Held: There was no incapacity within the meaning of the rule, since the employee could continue service in some different capacity with the employer. The rule which dealt with normal retirement, early retirement on account of incapacity, early retirement not on account of incapacity, and late retirement, in each case was concerned with a concept whose meaning was ‘beyond doubt. It means the act of an employee choosing to retire from work. In contradistinction to that, Rule 11 is headed ‘Termination of Service’ . . No distinction is drawn in it between the various ways in which a member’s service may be terminated.’
Judges:
Mr Julian Jeffs QC
Citations:
(1991) PLR 31
Jurisdiction:
England and Wales
Citing:
Cited – Young v Associated Newspapers 1971
Three journalists were dismissed on notice in circumstances where the redundancy provisions of their contract applied. Those provisions stated that the journalists should receive ‘any entitlement under the pension scheme’. That scheme provided that . .
Cited by:
Cited – AGCO Limited v Massey Ferguson Works Pension Trust Limited, Bradbury, Chater CA 17-Jul-2003
An employee sought payment under his pension scheme on taking redundancy at the employer’s request. The scheme did not make explicit provision for payment in such circumstances.
Held: The court had to begin with the words used. The kernel of . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 21 July 2022; Ref: scu.185199