David Schmitz’s appeal in Campbell v NHS Business Services Authority reported in the Pensions Law Reports
22nd Feb 2024
David Schmitz recently appeared for the appellant in the Court of Appeal in Campbell v NHS Business Services Authority [2023] EWCA Civ 1351, which has now been reported at [2024] Pens LR 4. The case concerned the reach of a provision in the NHS Pension Scheme Regulations 1995, which deems a person’s employment to continue post-termination by any period of untaken leave, as well as the effect of that provision on the accrual of a member’s entitlement to benefits, if the member dies before the expiry of that period. The decision will be instructive to advisers of persons who are permanently unable to work because of ill health, and who may wish to consider arrangements for holiday entitlements to be taken as soon as early retirement is in contemplation. The full judgment is available here.
David Schmitz
Call 1976
