Ellis v The Cabinet Office Posted In: Case Law
Case ReferenceEWCA Civ 252
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionPensions, Transfer of Undertaking (TUPE)
This case involved a prison officer who was in the 'Classic Section' of the Principal Civil Service Pension Scheme (PCSPS) i.e. she had been in long enough to avail of particular benefits and before changes were made for new entrants, such as the right to retire at 55 (in her case in 2019) without a reduction in her pension provided that she was then still in service, and the right to double-count each year of service for pension purposes after her first 20 years of service.
When GS4 took over the service it was TUPE protected, or equivalent, but she lost out on the important pension protection of the right to take unreduced pension from 55 instead of 60, because her removal from the
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