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'Ex gratia' pension - onus on employer to prove no ongoing commitment to pay 2

United Kingdom
07/06/2004
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Reference: N01112

The complainant was paid a monthly sum by his employer since his retirement in 1977. The respondent wrote to the complainant stating that the payments were inconsistent with company policy and that they had concluded that the payments were ex gratia.

The Ombudsman found that it was for the company to prove that the pension was ex gratia, given that the only written evidence in relation to the pension was a letter to the complainant at the time of his retirement referring to his “pension from the company”.

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