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Pension – Pension scheme. The claimant, a prison officer, was transferred out of the civil service into the private sector, under the Transfer of Employment (Protection of Undertakings) Regulations 2006, SI 2006/246 (TUPE). The pensions ombudsman rejected her complaint against the defendant cabinet office about the removal of her reserved right to an unreduced pension from age 55, following her transfer. The Chancery Division, allowing her appeal, held that the ombudsman's decision had erred in law in misconstruing the meaning of the term 'resignation' in r 1.13 of the Rules of the Principal Civil Service Pension Scheme. The ordinary meaning of the word 'resignation' broadly covered a situation where someone had decided of their own accord to leave their employment, but did not apply where that person who was continuing to work full time in her former role, but who had been transferred under the terms of TUPE.
Pension – Pension scheme. The claimant, a prison officer, was transferred out of the civil service into the private sector, under the Transfer of Employment (Protection of Undertakings) Regulations 2006, SI 2006/246 (TUPE). The pensions ombudsman rejected her complaint against the defendant cabinet office about the removal of her reserved right to an unreduced pension from age 55, following her transfer. The Chancery Division, allowing her appeal, held that the ombudsman's decision had erred in law in misconstruing the meaning of the term 'resignation' in r 1.13 of the Rules of the Principal Civil Service Pension Scheme. The ordinary meaning of the word 'resignation' broadly covered a situation where someone had decided of their own accord to leave their employment, but did not apply where that person who was continuing to work full time in her former role, but who had been transferred under the terms of TUPE.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts