News & Events

Olinga Tahzib

High Court upholds appeal from PPF Ombudsman

David E. Grant and Olinga Tahzib appeared for the successful appellant in a High Court appeal from a determination of the Pension Protection Fund Ombudsman. The appeal concerned a narrow but important point of law regarding the construction of Paragraph 26 of Schedule 7 to the Pensions Act 2004 (“PA04”) and, in particular, “attributable to his pensionable service”. The facts The appellant, Mr Anthony Beaton, was an employee of CT Bowring & Co in the early 1970s and became a member of the Bowring Pension Scheme. On leaving his employment in 1994, he stopped accruing benefits under the Scheme and joined Fenchurch Group plc, and began pensionable service in the Fenchurch Group Pension Scheme. Four years later, the assets and…

News 18 Oct, 2017

Olinga Tahzib obtains reinstatement order for porter dismissed by NHS Trust

Judgment has recently been published in the case of Mr D Mills v East Sussex Healthcare NHS Trust, 2300298/2017. The case – involving the dismissal of an employee following allegations that he sexually assaulted a patient at an NHS Trust – provides helpful guidance to employers dealing with allegations of misconduct which result in police investigations and criminal prosecution. The Claimant worked as a porter at Eastbourne District General Hospital. In May 2015 a patient raised allegations that the Claimant had sexually assaulted her. The allegations led to a police investigation and ultimately to a criminal trial in February 2017 at which the Claimant was acquitted. Before the trial, however, the Claimant had been dismissed by the Trust. Following the police’s…

News 25 Aug, 2017

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