Ellis v Cabinet Office

Pension – Pension scheme. The claimant had been employed in the civil service before an outsourcing agreement resulted in the transfer of her employment to a private sector contractor. She retained her pension with the Principal Civil Service Pension Scheme. She was later told that, under the scheme's rules, because she had resigned from her role, she was only entitled to take her preserved pension when she reached the age of 60, and not 55 as had previously been the case. Her complaint to the Pensions Ombudsman was dismissed while her appeal to the Chancery Division was allowed. The Court of Appeal, Civil Division, allowed the Cabinet Office's appeal and held that, on the true construction of the scheme's rules, 'resignation' was to be given a wide meaning that included both voluntary and involuntary departure from the civil service, including the transfer of an undertaking to the private sector.

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