BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
CHANCERY DIVISION
ON APPEAL FROM
THE PENSIONS OMBUDSMAN
7 Rolls Building Fetter Lane, London EC4A 1NL |
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B e f o r e :
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CARL SANDERSON |
Appellant |
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NHS BUSINESS SERVICES AUTHORITY |
Respondent |
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Patrick Halliday (instructed by Government Legal Department) for the Respondent
Hearing dates: 16 October 2019
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Crown Copyright ©
Mr Justice Trower:
Introduction
The Factual Background
The Scheme
Paragraph (4A) of regulation C3 does not apply and this paragraph applies instead where a locum practitioner ceases to be engaged as such a practitioner and so ceases to be treated as being in pensionable employment and is re-engaged as such a practitioner before the expiry of a period not exceeding three months from the day on which he so ceases.
For the purposes of these Regulations -
(a) he is treated as continuing to be in qualifying service during the period whilst he is not so engaged and as not being required to re-join this Section of the scheme at the time when he becomes so re-engaged, but
(b) that period does not count as practitioner service (or as a period in pensionable employment).
The Decision of the Ombudsman
The Submissions of the Appellant
The Submissions of NHS BSA
Discussion and Conclusions