|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 193 (May)|
|Neutral Citation:|| EWHC 1369 (Ch)|
|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|
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 - .