Williams v The Trustees of Swansea University Pension & Assurance Scheme and Swansea University [2017]

Posted In: Case Law
  • Case Reference
    EWCA Civ 1008
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Pensions
Issues covered: Pensions; Disability Discrimination, Ill-Health Retirement; Calculation of Enhanced Benefits

The Claimant suffered from several disabilities including depression and Tourette’s syndrome and was initially allowed to work part-time. He was then granted early retirement on the grounds of ill health. The University’s pension scheme entitled him to an enhanced pension based upon the salary he was receiving at the time of his retirement as well as a period of pensionable service from his date of retirement up until his normal retirement date, which amounted to a period of over 28 years. He also received accrued pension without actuarial reduction for early receipt.

However, the enhanced benefits were calculated based on his part-time salary and not the full-time equivalent. The claimant

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This article is correct at 19/07/2017

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John Taggart BL

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