Claimant v Secretary of State for Justice

Outcome

Facts

Claimant worked as a Justices' Clerk from 1976 to 2005, retiring early at age 50 under a compromise agreement. He received immediate pension benefits (lump sum of £88,815.20 and annual pension) plus resettlement and long-term compensation under the Crombie Regulations. On reaching normal retirement age (70) in 2024, dispute arose over calculation of Lump Sum Retirement Compensation. Respondent argued for deduction of 'accrued retiring allowance' (notional recalculated figure); Claimant argued only actual 2005 lump sum should be deducted. Respondent had also made strike-out application which was withdrawn day before hearing.

Decision

Tribunal held Claimant's interpretation of Regulation 30(3)(b) correct: only the lump sum actually received in 2005 (£88,815.20) should be deducted from agreed gross figure of £226,769.93. Plain language of regulation referred to 'amount of any lump sum superannuation benefit' not 'accrued retiring allowance'. Tribunal also awarded preparation time order of £1,760 for 40 hours work preparing for Respondent's unreasonable strike-out application.

Practical note

Award breakdown

Legal authorities cited