Employment Law and Pensions

Employment Law and Pensions cover

Employment Law and Pensions


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Employment Law and Pensions is a new work which deals with the inter-action between employment law and pensions law and a practical guide for professionals in both legal disciplines. Unlike other pensions law titles, which tend to focus primarily on specific pensions issues, this title focuses on their inter-play with employment law issues.

This title covers specific topics that cross both fields of practice whilst drawing out key issues for consideration such as TUPE and pensions, employment law aspects of changes to pension arrangements and claims on termination of employment.

Table of Contents

Part 1: Introduction
1 Introduction and scope
2 Pension provision in the UK: overview
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: ERA 1996, s 1
8 Pensions as pay: compulsory schemes/deduction of employee contributions
9 Limited implied employer obligation to advise on financial matters or inform about pension options: Scally
10 Employer liability – negligent advice
11 Maternity and paternity rights and pensions
Part 3: Unlawful discrimination and pensions
12 Discrimination and pensions: sex discrimination
13 Discrimination and pensions: age discrimination
14 Age discrimination and pensions: money purchase arrangements
15 Age discrimination: objective justification
16 Age discrimination: flexible benefit issues
17 Discrimination and pensions: civil partners and same-sex marriage
18 Discrimination issues – temporal service limits
19 Discrimination issues: liability of pension trustees
20 Liability for helping unlawful discrimination
Part 4: Employment contracts: changing pensions
21 Employment contracts – the contractual pension promise and powers to change
22 Does the employment contract allow the employer to vary the benefits under the pension scheme?
23 Implied consent or waiver from employees
24 Forcing change by terminating contracts and re-hiring
25 Changes to pension benefits: potential discrimination claims
26 Contractual promises – consideration and enforceability
27 New hires with different pension benefits to existing employees
28 Employers changing discretionary policies: implied term based on custom and practice
29 Contracts between employer and member reducing benefits bind the scheme: South West Trains
30 Non-pensionable pay
31 Salary sacrifices and pensions
32 Employer liens and charges over pension benefits
Part 5: Employer's Powers and Consultation
33 Employer powers: implied mutual duty of trust and confidence (MDTC)
34 Trust and confidence: the 'Imperial Duty' and the pensions cases
35 Imperial duty and MDTC: changing DB benefits under a pension scheme: Prudential/IBM/BBC
36 Consumer legislation – UCTA 1977 and CRA 2015
37 Consultation about pension benefit changes: PA 2004
38 Works councils and pensions
39 Pension change: consultation under TULRCA 1992
40 Role of the pension trustees in relation to benefit amendments
41 ERA 1996: protection for an employee acting as a trustee
Part 6: Tupe and pensions
42 Tupe and pensions: general
43 Tupe: general exclusion of transfer of occupational pensions – reg 10
44 Tupe: What is an 'occupational pension scheme'?
45 Tupe: Personal pensions and stakeholders
46 Tupe: Pension changes and constructive dismissal: reg 10(3)
47 Tupe and consultation obligations on pensions
48 Tupe and Beckmann: 'Old Age, Invalidity or Survivors' Benefits': reg 10(2)
49 Tupe: practical issues on old age benefits remaining after P&G
50 TUPE and Beckmann: how is any transferred benefit calculated?
51 Tupe: could the seller be liable (if the buyer fails to provide) a 'Beckmann' benefit?
52 Tupe transfer: potential trigger of enhanced benefits under a pension scheme?
53 Tupe and business transfers: PA 2004 – (limited) obligation for future benefits
54 Public sector transfers
Part 7: Cessation of employment and pensions
55 Enhanced pension benefits on cessation of employment – what is 'retirement'?
56 Termination of employment – wrongful dismissal: pension loss
57 Damages: offsetting pensions paid
58 Termination of employment: loss of life cover
59 Termination of employment – unfair dismissal: pension loss
60 Termination: agreeing a compensation sacrifice or adjustment
61 Offsetting pensions against redundancy payments: 1965 Regulations

Product details

Published 20 Apr 2016
Format Ebook (PDF)
Edition 1st
Extent 512
ISBN 9781780439037
Imprint Bloomsbury Professional
Publisher Bloomsbury Publishing

About the contributors


David Pollard

David Pollard is a leading and highly experienced…

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