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 Abr 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.

  • 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.

  • 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.

  • 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 Abr 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 Dic 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.

  • Caroline Linda Ann Danks and Others v Qinetiq Holdings Ltd and Another
    • Chancery Division
    • 14 Mar 2012

    To repeat the point, the member has only a right to a future increase at RPI The difference in Aon was that the members with pensions in payment were entitled to pensions calculated in accordance with rule 7, and the exercise of the Clause 8(5) reduction would obviously have been a detrimental modification. Here the entitlement is only to a future increase at a rate that the Trustees have power to change.

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Legislation
  • The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2021
    • UK Non-devolved
    • 1 de Enero de 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
    • 1 de Enero de 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
    • 1 de Enero de 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 ......
  • The Pensions Act 2011 (Commencement No. 1) Order 2011
    • UK Non-devolved
    • 1 de Enero de 2011
    ......section 8, which relates to automatic enrolment into a workplace pension scheme,. sections 19 and 21, which relate to annual increases to be made by certain occupational pension schemes,. section 22 and parts of ......
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Books & Journal Articles
  • Firms stand by their pensions.
    • Núm. 2004, Junio 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 ......
  • Dementia in the workplace: a review
    • Núm. 14-1, Marzo 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...
    ......Abstract 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 ......
  • Events: Your guide to recent and forthcoming CIMA events.
    • Núm. 2014, Febrero - Febrero 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 ......
  • Benefits for the opposite sex.
    • Núm. 2001, Enero 2001
    • Financial Management (UK)
    • Manager
    ...Men and women are at odds over workplace perks, according to a survey by pension firm Virgin Direct. The research ......
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Law Firm Commentaries
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