Bradbury v British Broadcasting Corporation

Bradbury v British Broadcasting Corporation

The BBC was entitled under the Scheme rules to determine how much of a pay rise would count as Basic Salary for pension purposes; the Cap did not breach section 91 of the Pensions Act 1995 as it did not involve the surrender of accrued rights; there was no breach of the implied duty of trust and confidence as the BBC's conduct was a reasonable response to the Scheme deficit and was not discriminatory or improperly motivated.

Parties
Appellant: John Bradbury; Respondent: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
28 July 2017
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Pension Schemes, Employment Contracts, Implied Duty of Trust and Confidence, Statutory Interpretation, Section 91 Pensions Act 1995
Employment Law Pensions Law Pension Schemes Employment Contracts Implied Duty of Trust and Confidence Statutory Interpretation Section 91 Pensions Act 1995

Case Brief

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Parties

John Bradbury

Appellant

British Broadcasting Corporation

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the BBC could determine how much of a pay rise counted as Basic Salary for pension purposes under the Scheme rules
  2. 2 Whether the Cap breached section 91 of the Pensions Act 1995
  3. 3 Whether the Cap was binding and effective as an agreement under South West Trains v Wightman

Ratio Decidendi

The BBC was entitled under the Scheme rules to determine how much of a pay rise would count as Basic Salary for pension purposes; the Cap did not breach section 91 of the Pensions Act 1995 as it did not involve the surrender of accrued rights; there was no breach of the implied duty of trust and confidence as the BBC's conduct was a reasonable response to the Scheme deficit and was not discriminatory or improperly motivated.

Court Disposition

Appeal dismissed