The employee was dismissed on notice. The employee applied to the trustees to be recognised as entitled to an immediate pension as having been permanently incapacitated, but her application was turned down, both on the ground that she could obtain other employment and also on the ground that dismissal was different from retirement.
Held: Dismissal for prolonged illness may be early retirement for pension purposes. ‘Unaffected by authority, I would conclude that if an employee before reaching normal pension age is incapacitated from following her employment by a physical or mental disability or ill health which renders it improbable that she will be able to follow her present or similar employment during any part of the period until she reaches normal pension age, and if as a result her employment with the Society comes to an end, it matters not how her employment is terminated. In my judgment, whether she gives notice of her intention to leave or the Society gives notice dismissing her, the termination can still properly be described as ‘retirement from the Service by reason of incapacity’.
Judges:
Glidewell LJ
Citations:
Independent 26-Nov-1993, (1994) PLR 47, [1993] EWCA Civ 29, [1994] IRLR 547, [1994] ICR 991, [1994] Pens LR 47
Links:
Jurisdiction:
England and Wales
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: 19 May 2022; Ref: scu.81255