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.

  • 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.

  • Trustee Solutions Ltd and Others v Dubery and Cripps
    • Chancery Division
    • 21 Jun 2006

    An avoidance of pedantry, and the need to protect beneficiaries may well be powerful factors in choosing between rival constructions; but once the requirements of a valid means of alteration of the rules has been determined as a matter of construction, either a document satisfies those requirements or it does not. Nor do I think that Neuberger J can have meant that the court had power to waive requirements of the deed as properly construed.

  • Steria Ltd v Ronald Hutchison
    • Court of Appeal
    • 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 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.

See all results
Books & Journal Articles
  • Firms stand by their pensions.
    • Nbr. 2004, June 2004
    • Financial Management (UK)
    ......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)
    ......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
    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...
  • Benefits for the opposite sex.
    • Nbr. 2001, January 2001
    • Financial Management (UK)
    ...Men and women are at odds over workplace perks, according to a survey by pension firm Virgin Direct. The research ......
See all results
Law Firm Commentaries
See all results