Ascham Homes Ltd v Auguste

Pension – Appeal. The Chancery Division allowed the defendant company's appeal against the deputy ombudsman's decision that its refusal to grant a former employee an unreduced pension was perverse and amounted to maladministration. The deputy ombudsman had erred in finding that the defendant had decided that the claimant should leave its employment in its own interest and on the grounds of business efficiency, entitling him to an early payment of an unreduced pension under reg 19 of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 (SI 2007/1166) (reg 19). On the evidence, the primary ground for the claimant's dismissal could not sensibly be said to have been business efficiency. The court also construed reg 19.