Employment Law and Pensions

David Pollard, Barrister, Wilberforce Chambers UK

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