Ellis v The Cabinet Office [2015] EWCA Civ 252 (24 March 2015)

Ellis v The Cabinet Office [2015] EWCA Civ 252 (24 March 2015)

The definition of 'resignation' in PCSPS rule 1.13 includes any termination of service before pension age, whether voluntary or involuntary. Therefore, compulsory transfer of employment from the Civil Service to G4S constitutes resignation for the purposes of rules 3.11 and 3.12, making preserved pension payable at age 60.

Citation
[2015] EWCA Civ 252
Parties
Claimant/respondent: Annette Ellis; Defendant/appellant: The Cabinet Office
Jurisdiction
England and Wales
Judgment Date
24 March 2015
Procedural Posture
Appeal From Pensions Ombudsman Decision Under Section 151(4) Pension Schemes Act 1993 / Court of Appeal Judgment
Outcome
Appeal allowed; Ombudsman's determination restored.
Legal Topics
Interpretation of Pension Scheme Rules, Transfer of Undertakings, Definition of Resignation, TUPE Protection
Pensions Employment Administrative Interpretation of Pension Scheme Rules Transfer of Undertakings Definition of Resignation TUPE Protection

Case Brief

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Parties

Annette Ellis

Claimant/respondent

The Cabinet Office

Defendant/appellant

Procedural Posture

Appeal From Pensions Ombudsman Decision Under Section 151(4) Pension Schemes Act 1993 / Court of Appeal Judgment

Legal Issues

  1. 1 Does compulsory transfer of employment under TUPE constitute resignation under PCSPS rules?
  2. 2 Is 'resignation' in rule 1.13 limited to voluntary termination or does it include involuntary termination?
  3. 3 Are rules 3.11 and 3.12 applicable to involuntary departures from Civil Service employment?

Ratio Decidendi

The definition of 'resignation' in PCSPS rule 1.13 includes any termination of service before pension age, whether voluntary or involuntary. Therefore, compulsory transfer of employment from the Civil Service to G4S constitutes resignation for the purposes of rules 3.11 and 3.12, making preserved pension payable at age 60.

Court Disposition

Appeal allowed; Ombudsman's determination restored.

Orders

  • Rose J's order set aside.
  • Ms Ellis to be treated as having resigned for purposes of PCSPS rules 3.11 and 3.12.