AGCO Ltd. & Anor v Kellaway [2007] EWHC 3354 (Ch) (10 July 2007)

AGCO Ltd. & Anor v Kellaway [2007] EWHC 3354 (Ch) (10 July 2007)

On the substance of the facts, Mr Kellaway was made compulsorily redundant and did not retire at the request of the employer; therefore, he is not entitled to pension under rule 14(c)(iii).

Citation
[2007] EWHC 3354 (Ch)
Parties
Claimants/appellants: AGCO Limited & Anr; Defendant/respondent: Kellaway
Jurisdiction
England and Wales
Judgment Date
10 July 2007
Procedural Posture
Appeal Under Section 151(4) of the Pension Schemes Act 1993 / Judgment on Appeal From Deputy Pensions Ombudsman
Outcome
Appeal allowed
Legal Topics
Redundancy, Pension Entitlement, Interpretation of Pension Scheme Rules, Voluntary Vs Compulsory Redundancy
Employment Law Pensions Law Redundancy Pension Entitlement Interpretation of Pension Scheme Rules Voluntary Vs Compulsory Redundancy

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Parties

AGCO Limited & Anr

Claimants/appellants

Kellaway

Defendant/respondent

Procedural Posture

Appeal Under Section 151(4) of the Pension Schemes Act 1993 / Judgment on Appeal From Deputy Pensions Ombudsman

Legal Issues

  1. 1 Whether Mr Kellaway retired from service at the request of the employer within the meaning of rule 14(c)(iii) of the staff pension scheme
  2. 2 Whether the circumstances amounted to voluntary or compulsory redundancy for pension entitlement purposes

Ratio Decidendi

On the substance of the facts, Mr Kellaway was made compulsorily redundant and did not retire at the request of the employer; therefore, he is not entitled to pension under rule 14(c)(iii).

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the court will hear counsel on the precise form of the order to give effect to the judgment.