Employment Law and Pensions

Erscheinungsjahr 2016
ISBN: 978-1-78043-901-3
Verlag: Bloomsbury

Buch, Englisch, 824 Seiten, Hardback, Format (B × H): 156 mm x 248 mm, Gewicht: 1476 g

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.

Autoren/Hrsg.

Pollard, David

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

Pollard, David
David Pollard is a leading and highly experienced lawyer in the insolvency and pensions fields and in related areas. He is a barrister, practising from Wilberforce Chambers in Lincoln's Inn, and previously practised for 37 years as a solicitor in London and Singapore. David's practice focuses on pensions law; insolvency law and; employment law (involving pensions). He was Chairman of the Association of Pension Lawyers (APL) from 2001 to 2003 and has been a vice chair of the Industrial Law Society.

David Pollard is a solicitor and a consultant with Freshfields Bruckhaus Deringer LLP. A former Chair of the Association of Pension Lawyers (APL), he was for 25 years a partner in Freshfields specialising in pensions, employment and insolvency law. He advised companies on issues ranging from the setting up and funding of pension schemes to the impact of corporate insolvencies and transactions. He also acted for trustees, advising them generally, including on restructurings, funding, company proposals, disputes, and queries from pension scheme members. He has twice (1998 and 2015) been awarded the Wallace Medal by the APL for excellence in communicating pension issues.