Case notes: South West Trains v Wightman (High Court (Chancery Division)) December 1997

United Kingdom

South West Trains v Wightman (High Court (Chancery Division)) December 1997

Under a collective bargaining agreement, approved by employees in a ballot, basic salary (which alone was pensionable under the scheme rules ) was increased by consolidating allowances, but it was also agreed that not all the new basic salary would be pensionable. This had the effect of overriding the scheme rules. The trustees were therefore required to execute a deed of amendment to reflect the new definition of pensionable salary. Scheme members could not enforce the payment of a pension on the whole of the new basic pay.