Case notes: Re McClorry (Court of Appeal (Civil Division)) September 1998

United Kingdom

Re McClorry (Court of Appeal (Civil Division)) September 1998

This case concerned the proper interpretation of an ill health early retirement rule. It was held that:

  • the relevant date for qualification for an ill health pension is the date of cessation of employment; and
  • where the rule requires permanency of ill health the condition must be expected to last until normal retirement date; a condition that is likely to persist for the foreseeable future is not sufficient.