“Companies planning a takeover bid will have to set out the likely impact of their proposal on the target company’s pension scheme under proposed changes to the Takeover Code.”
OUT-LAW.com, 10th July 2012
Source: www.out-law.com
“The Government will ‘reflect further’ on calls to remove restrictions on a new national pension scheme. However, it would be unlawful for it to do so simply to increase participation, it has warned.”
OUT-LAW.com, 6th June 2012
Source: www.out-law.com
“Payments made by an employer for the benefit of an employee into a funded unapproved retirement benefit scheme (FURBS) are classed as ‘earnings’ on which the employer must pay national insurance contributions (NICs), the Court of Appeal has ruled.”
OUT-LAW.com, 31st May 2012
Source: www.out-law.com
“Employers are entitled to offer pay increases on the condition that all or part of that increase does not count towards an employee’s future pension entitlement, the High Court has ruled.”
OUT-LAW.com, 25th May 2012
Source: www.out-law.com
“The buyer of a business will be liable for certain early retirement pension rights under the original owner’s occupational pension scheme if the transfer takes place under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations, the High Court has ruled.”
OUT-LAW.com, 18th May 2012
Source: www.out-law.com
“Prison officers staging pension protest meetings have been told they face the threat of a high court injunction because they are banned from taking industrial action.”
The Guardian, 10th May 2012
Source: www.guardian.co.uk
Neidel v Stadt Frankfurt am Main (Case C-337/10); [2012] WLR (D) 137
“The provisions of article 7 of Directive 2003/88/EC, concerning an employee’s entitlement to annual leave and an allowance in lieu where the employment relationship was terminated, applied to a public servant carrying out the activities of a fireman in normal circumstances.”
WLR Daily, 3rd May 2012
Source: www.iclr.co.uk
Raithatha v Williamson (a bankrupt) [2012] EWHC 909 (Ch); [2012] WLR (D) 115
“A trustee in bankruptcy was entitled to obtain an income payments order under section 310 of the Insolvency Act 1986 where a bankrupt had an entitlement to a payment under his pension scheme not merely where the scheme was in payment of benefit but also where, under the rules of the scheme, the bankrupt would be entitled to payment merely by asking for payment.”
WLR Daily, 4th April 2012
Source: www.iclr.co.uk
“Employment lawyers have given a mixed response to an eagerly anticipated Court of Appeal (CoA) ruling on whether discrimination can be justified by saving costs.”
The Lawyer, 23rd March 2012
Source: www.thelawyer.com
“The Secretary of State for Work and Pensions was entitled to use the Consumer Price Index, rather than the Retail Price Index, as the measure of consumer price inflation for the purpose of annually uprating public service pensions under section 150 of the Social Security Administration Act 1992.”
WLR Daily, 20th March 2012
Source: www.iclr.co.uk
“A businesswoman sacked after a night entertaining clients ended in spectacular embarrassment has had her hopes of a compensation payout boosted by a tribunal ruling.”
Daily Telegraph, 22nd March 2012
Source: www.telegraph.co.uk
BESTrustees plc v Kaupthing Singer & Friedlander Ltd [2012] EWHC 629 (Ch); [2012] WLR (D) 84
“Where an insolvency event had occurred in relation to an employer, thereby triggering a calculation of the deficiencies in the assets of a pension fund under section 75 of the Pensions Act 1995, the time at which both the value of the pension scheme assets and the cost of the notional acquisition of annuities in the market to match its liabilities should be assessed was the ‘applicable time’ within the meaning of regulation 5 of the Occupational Pension Schemes (Employer Debt) Regulations 2005, which, in the form which the regulation 5 had taken as at 8 October 2008, was the date of the insolvency event.”
WLR Daily, 16th March 2012
Source: www.iclr.co.uk
“Morayo Fagborun Bennett says the European Court of Justice’s (ECJ) decision in O’Brien v Ministry of Justice ‘sweeps away’ many of the Ministry of Justice’s (MoJ) justifications for distinguishing between part-time and full-time judges. ‘The MoJ is going to have to think hard how it handles the case when it comes back to the Supreme Court,’ she says. ‘It doesn’t lend itself to any easy settlement and there are thousands eagerly awaiting the outcome.'”
Hardwick Chambers, 14th March 2012
Source: www.hardwicke.co.uk
“Employers with occupational pension schemes will have to consult with affected employees in advance if they want to change the measure of inflation used to calculate the value of benefits.”
OUT-LAW.com, 14th March 2012
Source: www.out-law.com
O’Brien v Ministry of Justice (Case C-393/10); [2012] WLR (D) 58
“It was for the member states to define the concept of ‘workers who have an employment contract or an employment relationship’ within the meaning of clause 2.1 of the Framework Agreement on part-time work, provided that this did not lead to arbitrary exclusion from protection offered by Directive 97/81/EC.”
WLR Daily, 1st March 2012
Source: www.iclr.co.uk
Department for Education v Molyneux: [2012] EWCA Civ 193; [2012] WLR (D) 50
“Regulations E33(2A) and E33(3) of the Teachers’ Pensions Regulations 1997, as amended, did not impose an obligation on the Secretary of State, when considering an application by a teacher for an early pension due to ill-health, made pursuant to regulation E4(4), to request further information from the teacher where the submitted medical evidence did not disclose the incapacity to the degree required but, rather, imposed an obligation on the teacher to produce all necessary medical evidence, with the Secretary of State holding a supplementary power to exercise as he thought fit.”
WLR Daily, 28th February 2012
Source: www.iclr.co.uk
Blight and others v Brewster: [2012] EWHC 165 (Ch); [2012] WLR (D) 26
“Bankrupts who were subject to an order for enforcement of a judgment had to take both the benefits and burdens of their bankruptcy and should not be allowed to hide their assets in pension funds when they had a right to withdraw monies needed to pay their creditors.”
WLR Daily, 9th February 2012
Source: www.iclr.co.uk
“Police authorities may have to find tens of millions of pounds extra to fund their pension liabilities after a retired inspector won a landmark legal challenge preserving his income.”
The Guardian, 6th February 2012
Source: www.guardian.co.uk
“Judges are considering legal action to block an increase in their pension contributions.”
Law Society’s Gazette, 1st February 2012
Source: www.lawgazette.co.uk
“Companies with more than 250 employees will have to automatically enrol their staff into a workplace pension scheme from October as originally planned, the Government has said.”
OUT-LAW.com, 26th January 2012
Source: www.out-law.com
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