At the Tribunal | |
On 18 March 2003 | |
Before
HIS HONOUR JUDGE PETER CLARK
MR A E R MANNERS
MR H SINGH
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
Revised
For the Appellant | MR RICHARD DAVISON (of Counsel) Instructed By: Messrs Royds Treadwell Solicitors 2 Crane Court Fleet Street London EC4A 2BL |
For the Respondent | MR MICHAEL DUGGAN (of Counsel) Instructed By: Messrs Furley Page Solicitors 39 St Margaret's Street Canterbury Kent CT1 2TX |
HIS HONOUR JUDGE PETER CLARK:
The Facts
"Dear Colleagues
My recent application to take early retirement on the grounds of ill-health has been accepted and I am writing to advise you that as of February 28th I am now a retired person."
"(1) I confirm that I am retiring from this institution on the date shown above and understand that benefits are being established in the category shown overleaf."
"The purpose of this letter is to give you information about the benefits payable to you from the Scheme following your retirement on 28 February 2001."
The Tribunal Decision
The Appeal
"(b) in relation to an employee whose contract of employment is terminated without notice, means the date on which the termination takes effect."
"References in any provision of this Act to a period of continuous employment are (unless provision is expressly made to the contrary) to a period computed in accordance with this Chapter."
By section 211(1)
"An employee's period of continuous employment for the purposes of any provision of this Act -
(a) ... begins with the day on which the employee starts work, and
(b) ends with the day by reference to which the length of the employee's period of continuous employment is to be ascertained for the purposes of the provision."
By section 212(1)
"Any week during the whole or part of which an employee's relations with his employer are governed by a contract of employment counts in computing the employee's period of employment."
"Any provision in an agreement (whether a contract of employment or not) is void in so far as it purports -
(a) to exclude or limit the operation of any provision of this Act."
Permission to Appeal