Save time with the only dedicated text on the market that deals with the intersection of pension and employment law issues. Alongside a comprehensive overview of pensions provision in the UK, this title is organised into seven parts to guide you through the distinct issues concerning these intersecting disciplines. These include the obligations of employers, unlawful discrimination, employment contracts, employers' powers and consultation, TUPE and the cessation of employment.
The Second Edition has been fully updated to include:
- New cases across all seven parts of the work, assessing their impact on practice and procedure, including Walker v Innospec in the Supreme Court and IBM v Dalgeish and Bradbury v BBC in the Court of Appeal
- New chapters covering: - disability discrimination and pensions - the definition of pensionable pay in a pension trust - Braganza duties on employers - whether TUPE transfers third party obligations
- The impact of Brexit on pensions provision in the UK
This title is included in Bloomsbury Professional's Employment Law and Pensions Law online services.
Read an extract of Employment Law and Pensions
Table of Contents
Part 1 Introduction 1. Introduction 2. Pension Provision in the UK Part 2 Employers And Pension Obligations 3. Employment Contracts and Pensions 4. Funding Obligations on Employers 5. Automatic Enrolment 6. Auto Enrolment: Prohibition on Employer Inducement 7. Employer's Duty to Provide Written Details of Pension Arrangements 8. Pensions as Pay 9. What is Within “Remuneration” or Basic Earnings Under a Pension Scheme? 10. Limited Implied Employer Obligation to Advise on Financial Matters 11. Employer Liability: Negligent Advice 12. Maternity and Paternity Rights Part 3 Unlawful Discrimination 13. Discrimination and Pensions: Sex Discrimination 14. Discrimination and Pensions: Disability Discrimination 15. Discrimination and Pensions: Age Discrimination 16. Age Discrimination and Pensions: Money Purchase Arrangements 17. Age Discrimination: Objective Justification 18. Age Discrimination: Flexible Benefits 19. Discrimination and Pensions: Civil Partners and Same Sex Marriage 20. Discrimination Issues: Temporal Service Limits 21. Discrimination Issues: Liability of Pension Trustees 22. Liability for Helping Unlawful Discrimination Part 4 Employment Contracts: Changing Pensions 23. Employment Contracts: The Contractual Pension Promise 24. Does the Employment Contract Allow the Employer to Vary the Benefits 25. Implied Consent or Waiver from Employees 26. Forcing Change by Terminating Contract and Rehiring 27. Changes to Pension Benefits: Potential Discrimination Claims 28. Contractual Promises 29. New Hires with Different Pension Benefits 30. Employers Changing Discretionary Policies 31. Contract Between Employer and Member Reducing Benefits Bind the Scheme 32. Non-Pensionable Pay 33. Salary Sacrifices and Pensions 34. Employer Liens and Charges over Pension Benefits Part 5 Employer's Powers And Consultation 35. Employer's Powers: Implied Mutual Duty Of Trust 36. Employer's Powers: Braganza Duties 37. Trust and Confidence 38. Imperial Duty and MDTC 39. Consumer Legislation 40. Consultation and Pension Benefit Changes 41. Works Councils and Pensions 42. Pension Change: Consultation Under TULRCA 1992 43. Role of the Pension Trustees In Relation to Benefit Amendments 44. ERA 1996: Protection for an Employee Acting as a Trustee Part 6 TUPE And Pensions 45. TUPE and Pensions: General 46. TUPE and Pensions: Do Third Party Rights Transfer at all? 47. TUPE: General Exclusion of Transfer Of Occupational Pensions – Reg 10 48. TUPE: What Is An 'Occupational Pension Scheme'? 49. TUPE: Personal Pensions and Stakeholders 50. TUPE: Pension Changes and Constructive Dismissal: Reg 10(3) 51. TUPE and Consultation Obligations on Pensions 52. TUPE and Beckmann: 'Old Age, Invalidity Or Survivors' Benefits': Reg 10(2) 53. TUPE: Practical Issues On Old Age Benefits Remaining after P&G 54. TUPE and Beckmann: How is Any Transferred Benefit Calculated? 55. TUPE: Could the Seller be Liable (if the Buyer Fails to Provide) a 'Beckmann' Benefit? 56. TUPE Transfer: Potential Trigger of Enhanced Benefits Under a Pension Scheme? 57. TUPE and Business Transfers: Pa 2004 – (Limited) Obligation for Future Benefits 58. Public Sector Transfers
Part 7: Cessation Of Employment And Pensions 59. Enhanced Pension Benefits on Cessation Of Employment – What is 'Retirement'? 60. Termination of Employment – Wrongful Dismissal: Pension Loss 61. Damages: Offsetting Pensions Paid 62. Termination of Employment: Loss of Life Cover 63. Termination of Employment – Unfair Dismissal: Pension Loss 64. Termination: Agreeing a Compensation Sacrifice or Adjustment