Norman v Cheshire Fire & Rescue Service

Norman v Cheshire Fire & Rescue Service

The consolidated elements paid to Mr Norman after the Collective Agreement were pensionable pay under rule G1 of the Firemen’s Pension Scheme, as they were regular, permanent payments determined by the role and performance of duties under the employment contract.

Parties
Claimant: Christopher Norman; Defendant: Cheshire Fire & Rescue Service
Jurisdiction
England and Wales
Judgment Date
14 December 2011
Procedural Posture
Civil / Judgment
Outcome
Claim upheld
Legal Topics
Pensionable Pay, Firefighters' Pension Scheme, Collective Agreements, Employment Contract Interpretation

Case Brief

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Parties

Christopher Norman

Claimant

Cheshire Fire & Rescue Service

Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether consolidated elements (retaining fee, disturbance fee, public holiday pay) paid to regular firefighters under the day crewing system are pensionable pay under rule G1 of the Firemen’s Pension Scheme

Ratio Decidendi

The consolidated elements paid to Mr Norman after the Collective Agreement were pensionable pay under rule G1 of the Firemen’s Pension Scheme, as they were regular, permanent payments determined by the role and performance of duties under the employment contract.

Court Disposition

Claim upheld

Orders

  • Declaration that consolidated elements (retaining fee, disturbance fee, public holiday pay) paid to Mr Norman are pensionable pay under rule G1 of the Firemen’s Pension Scheme
  • Counsel to agree an order to give effect to the judgment