Booth v Oldham MBC

Booth v Oldham MBC

The appeal fails because (1) the Employment Tribunal's finding that Mr Booth was not disabled at the relevant time precluded a finding of permanent incapacity for pension purposes on the facts, and (2) Mr Booth failed to exhaust the statutory dispute resolution procedure under the Pension Regulations, which was his exclusive remedy.

Parties
Appellant: David Booth; Respondent: Oldham MBC
Jurisdiction
England and Wales
Judgment Date
18 August 2009
Procedural Posture
Civil Appeal / Appeal From High Court (strike Out/summary Judgment)
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Pension Entitlement, Contractual Incorporation, Dispute Resolution Procedures
Employment Law Pensions Law Administrative Law Disability Discrimination Pension Entitlement Contractual Incorporation Dispute Resolution Procedures

Case Brief

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Parties

David Booth

Appellant

Oldham MBC

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (strike Out/summary Judgment)

Legal Issues

  1. 1 Whether the Council breached contract by failing to refer the appellant for medical assessment for early pension under the Local Government Pension Scheme Regulations
  2. 2 Whether findings of the Employment Tribunal on disability under the DDA 1995 precluded a finding of permanent incapacity under the Pension Regulations
  3. 3 Whether the statutory dispute resolution procedure under the Pension Regulations precluded a High Court claim

Ratio Decidendi

The appeal fails because (1) the Employment Tribunal's finding that Mr Booth was not disabled at the relevant time precluded a finding of permanent incapacity for pension purposes on the facts, and (2) Mr Booth failed to exhaust the statutory dispute resolution procedure under the Pension Regulations, which was his exclusive remedy.

Court Disposition

Appeal dismissed