| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 193 (May) |
| Neutral Citation: | [2012] EWHC 1369 (Ch) |
| Court: | Chancery Division |
| Judge: | Warren J |
| Representation | Andrew Stafford QC and Nicholas Randall (instructed by Walkers Solicitors) for the employee. |
| Robert Ham QC (instructed by Olswang LLP) for the BBC. | |
| Judgment Dates: | 23 May 2012 |
Catchwords
Pension - Pension scheme - Company pension scheme - Variation of scheme - Employee being employed by defendant company - Employee being member of company's pension scheme being based on final salary - Company varying scheme limiting all future pay awards to 1% of basic salary for pension purposes - Employee complaining to Pensions Ombudsman - Investigator in Pensions Ombudsman's office rejecting complaint on basis actuary certifying amendments as not substantially prejudicing interests of active members - Employee being notified of pay review and pensionable salary being limited to 1% - Employee rejecting offer on basis breaching legislation - Pensions Ombudsman dismissing employee's complaint - Employee appealing - Whether company's conduct being contrary to trust deed and rules of scheme - Whether company's conduct being contrary to legislation - Whether court should consider whether company's conduct breaching implied duties not being complained of to Pensions Ombudsman - Whether company's cumulative conduct amounting to maladministration - .
The Case
Pension Pension scheme. The Chancery Division held that the BBC's conduct in making an employee's pay increase subject to acceptance of a 1% of basic salary limit on increases to pensionable salary had not been contrary to the pension scheme's deed or rules, or of the Pensions Act 1995.
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