‘In National Union of Rail, Maritime and Transport Workers v Tyne and Wear Passenger Transport Executive T/A Nexus [2024] UKSC 37, the Supreme Court has handed down an important judgment on the scope of rectification, holding that a collective bargaining agreement can be rectified even though it is not a legally enforceable contract. Of greater relevance for pensions lawyers is the decision that the Employment Tribunal, whilst it does not have the power to make a rectification order, can nevertheless treat a document as having been rectified on the basis of the principle that “equity can treat as done that which ought to have been done”. This has potentially wide-ranging consequences for other statutory tribunals, including the FTT and the Pensions Ombudsman.’
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Pensions Barrister, 14th November 2024
Source: www.pensionsbarrister.com