ON 15 JANUARY 1901, the English Court of Appeal delivered Upperton v Ridley  1 QB.
The court considered whether or not extra remuneration for a constable appointed to attend permanently on special duty at the House of Lords formed part of his “annual pay”, at the date of retirement, for the calculation of his pension.
It was held that the extra remuneration did not form part of the “pay” for the calculation of the pension because commissioners were under no obligation to pay the additional amount.
The decision supports the principle that “pay” does not include amounts that the employer is under no obligation to pay and that the worker has no right to recover.
1300 00 2088