Ellis v The Cabinet Office

Ellis v The Cabinet Office

The definition of 'resignation' in rule 1.13 of the PCSPS includes any termination of service before pension age, whether voluntary or involuntary. Therefore, the compulsory transfer of Ms Ellis's employment to G4S constituted a 'resignation' under the rules, and rules 3.11 and 3.12 apply, making her preserved pension payable at age 60.

Parties
Claimant/respondent: Annette Ellis; Defendant/appellant: The Cabinet Office
Jurisdiction
England and Wales
Judgment Date
24 March 2015
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; Ombudsman's determination restored.
Legal Topics
Interpretation of Pension Scheme Rules, Definition of Resignation, Transfer of Undertakings, TUPE, Preserved Pension Rights
Pensions Law Employment Law Administrative Law Interpretation of Pension Scheme Rules Definition of Resignation Transfer of Undertakings TUPE Preserved Pension Rights

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Parties

Annette Ellis

Claimant/respondent

The Cabinet Office

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether compulsory transfer of employment constitutes resignation under PCSPS rules
  2. 2 Proper construction of 'resignation' in rule 1.13 of the PCSPS
  3. 3 Applicability of rules 3.11 and 3.12 to involuntary termination

Ratio Decidendi

The definition of 'resignation' in rule 1.13 of the PCSPS includes any termination of service before pension age, whether voluntary or involuntary. Therefore, the compulsory transfer of Ms Ellis's employment to G4S constituted a 'resignation' under the rules, and rules 3.11 and 3.12 apply, making her preserved pension payable at age 60.

Court Disposition

Appeal allowed; Ombudsman's determination restored.

Orders

  • The appeal is allowed.
  • The determination of the Pensions Ombudsman is restored.