Newham v Skingle [2003] EWCA Civ 280 (20 February 2003)

Newham v Skingle [2003] EWCA Civ 280 (20 February 2003)

On the true construction of Mr Skingle's contract of employment, he was obliged to work the overtime in question unless he arranged suitable cover; therefore, the overtime was not 'non-contractual overtime' and must be included as remuneration for pension calculation under Regulation C2 of the 1995 Regulations.

Citation
[2003] EWCA Civ 280
Parties
Appellant/respondent: Mayor and Burgesses of the London Borough of Newham; First Respondent/appellant: Gary Skingle
Jurisdiction
England and Wales
Judgment Date
20 February 2003
Procedural Posture
Civil Appeal / Court of Appeal (civil Division) on Second Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Pensionable Pay Calculation, Interpretation of Employment Contracts, Definition of Non Contractual Overtime, Remuneration Under Local Government Pension Scheme
Employment Law Pensions Law Pensionable Pay Calculation Interpretation of Employment Contracts Definition of Non Contractual Overtime Remuneration Under Local Government Pension Scheme

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Parties

Mayor and Burgesses of the London Borough of Newham

Appellant/respondent

Gary Skingle

First Respondent/appellant

Procedural Posture

Civil Appeal / Court of Appeal (civil Division) on Second Appeal From High Court

Legal Issues

  1. 1 Whether Mr Skingle's overtime earnings should be included as remuneration for pension calculation under the Local Government Pension Scheme Regulations 1995
  2. 2 Whether the overtime worked was compulsory (contractual) or voluntary (non-contractual) under the terms of employment

Ratio Decidendi

On the true construction of Mr Skingle's contract of employment, he was obliged to work the overtime in question unless he arranged suitable cover; therefore, the overtime was not 'non-contractual overtime' and must be included as remuneration for pension calculation under Regulation C2 of the 1995 Regulations.

Court Disposition

Appeal allowed

Orders

  • Order of the judge set aside
  • Declaration that Mr Skingle's overtime earnings are remuneration for the purposes of Regulation C2 of the Local Government Pension Scheme Regulations 1995