Workplace Pension in UK Law

Leading Cases
  • Air Jamaica Ltd and Others v Joy Charlton, Clive Goodall, Barbara Clarke and Ian Philpotts (suing on behalf of themselves and members of the Pension Plan for Employees of Air Jamaica (1968) Ltd)
    • Privy Council
    • 28 Apr 1999

    But even if it could, their Lordships are satisfied that it could not be amended in order to confer any interest in the trust fund on the Company. This was expressly prohibited by clause 4 of the Trust Deed. The 1994 amendments included a purported amendment to the Trust Deed to remove this limitation, but this was plainly invalid. The trustees could not achieve by two steps what they could not achieve by one.

  • Steria Ltd v Ronald Hutchison
    • Court of Appeal (Civil Division)
    • 24 Nov 2006

    When it comes to estoppel by representation or promissory estoppel, it seems to me very unlikely that a claimant would be able to satisfy the test of unconscionability unless he could also satisfy the three classic requirements.

  • Bank of New Zealand Officers Provident Association Management Board v Bank of New Zealand
    • Privy Council
    • 14 Jul 2003

    In the amendment of pension scheme rules, back-dating (that is, deeming a change of the rules to have been made at a date earlier than the date of the actual change) cannot be used as a device so as to rewrite history or validate an amendment which would otherwise be beyond the scope of the power of amendment.

  • HR Trustees Ltd v Wembley Plc ((in Liquidation)) and Another
    • Chancery Division
    • 25 Oct 2011

    Here it seems clear to me that the trustees exercised their discretion to amend the rule in the way contained in the amendment. They were obliged, having done so under clause 16, to make an appropriate declaration in a particular form. They could have been compelled on behalf of the members, who are not volunteers, to specifically perform their exercise of the power. Not to make a valid declaration was a breach of the terms of the definitive deed.

  • Prudential Staff Pensions Ltd v the Prudential Assurance Company Ltd and Others
    • Chancery Division
    • 14 Apr 2011

    My own view is that members' interests and expectations may be of relevance when considering whether an employer has acted irrationally or perversely. There could potentially be cases in which, say, a decision to override expectations which an employer had engendered would be irrational or perverse. On the other hand, it is important to remember that powers such as that at issue in the present case are not fiduciary.

  • Smithson and Others v Hamilton
    • Chancery Division
    • 10 Dec 2007

    A decision to have a pension scheme and the consequential decisions about the structure and design of the scheme are matters for the employer, or at least matters primarily for the employer. This is not to say that the trustees are compelled to accept the employer's design. If the trustees object to it they cannot be compelled to join in executing the Deed and Rules.

  • Foster Wheeler Ltd v Hanley and Others
    • Court of Appeal (Civil Division)
    • 08 Jul 2009

    Accordingly, the court should, where possible, give effect to Barber rights by adhering to the provisions of the relevant scheme where it is possible to do so in preference to some other approach. If some departure is required, it should in general, so far as practicable, represent the minimum interference with the scheme provisions.

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Legislation
  • The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2021
    • UK Non-devolved
    • January 01, 2021
    .... UNITED KINGDOM STATUTORY INSTRUMENT. 2021 No. 314 . Pensions. The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) ... band which apply for the purposes of automatic enrolment into a workplace pension scheme. For the purposes of the Act, a jobholder who earns ......
  • Finance (No. 2) Act 2015
    • England & Wales
    • January 01, 2015
    ...... relevant regulated activities otherwise than as the manager of a pension scheme;. . . (d) an investment trust;. . . (e) a company which does ... . (a) it is a journey between the member's home and permanent workplace, and. . . (b) the member's home is situated in the area of the ......
  • The Automatic Enrolment (Miscellaneous Amendments) Regulations 2013
    • UK Non-devolved
    • January 01, 2013
    ... . UNITED KINGDOM STATUTORY INSTRUMENT . 2013 No. 2556 . Pensions . The Automatic Enrolment (Miscellaneous Amendments) Regulations 2013 . ...A summary of the net impact of the workplace pension reforms was published in July was published in July 2012 at ......
  • Employment Act 2002
    • UK Non-devolved
    • January 01, 2002
    ...... . (a) seniority, pension rights and similar rights;. . . (b) terms and conditions of employment ... matter whether employers permit ULRs to function at their workplaces and, where they do permit them to function, it is a matter for the ......
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Books & Journal Articles
  • Firms stand by their pensions.
    • Nbr. 2004, June 2004
    • Financial Management (UK)
    • News Round-Up - Brief Article
    ......Nearly three-quarters said that offering a pension scheme had helped their recruitment and retention efforts. "For many years workplace pension provision has been seen as the most efficient and suitable way for employees to save for retirement," said Peter Thompson, former chairman of ......
  • Events: Your guide to recent and forthcoming CIMA events.
    • Nbr. 2014, February - February 2014
    • Financial Management (UK)
    • Conference news
    ......UK . Half-day conference: "Radical pension reform affecting all employers" - joint event with the Chartered Institute ... the obligation to automatically enrol certain workers into a workplace pension scheme and make contributions towards it. Are you ready to handle ......
  • Dementia in the workplace: a review
    • Nbr. 14-1, March 2015
    • Journal of Public Mental Health
    • 24-34
    Purpose: – Recent changes affecting state pension age, and earlier diagnosis, will result in more people with dementia in employment. The purpose of this paper is to establish the nature of support...
    ......,Mental Health and Wellbeingin Later Life and Dementia,NHS Health Scotland,Edinburgh, UK.AbstractPurpose –Recent changes affecting state pension age, and earlier diagnosis, will result in more people withdementia in employment. The purpose of this paper is to establish the nature of support ......
  • Last Word: Crisis in Social Care
    • Nbr. 8-1, April 2017
    • Political Insight
    ......Another suggestion is to divert funding to social care from workplace pension pots, something that has become viable as people are now ......
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Law Firm Commentaries
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