AGCO Ltd. & Anor v Kellaway

AGCO Ltd. & Anor v Kellaway

The court held that, as a matter of substance, Mr Kellaway was made compulsorily redundant and did not retire at the request of the employer. The circumstances did not amount to voluntary redundancy, and it would be a misuse of language to describe them as such. Therefore, Mr Kellaway was not entitled to the benefit of rule 14(c)(iii) of the staff pension scheme.

Parties
Appellant: AGCO Limited & Anr; Respondent: Kellaway
Jurisdiction
England and Wales
Judgment Date
10 July 2007
Procedural Posture
Appeal / Judgment
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

Appellant

Kellaway

Respondent

Procedural Posture

Appeal / Judgment

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

The court held that, as a matter of substance, Mr Kellaway was made compulsorily redundant and did not retire at the request of the employer. The circumstances did not amount to voluntary redundancy, and it would be a misuse of language to describe them as such. Therefore, Mr Kellaway was not entitled to the benefit of rule 14(c)(iii) of the staff pension scheme.

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.