Beckmann v Dynamco Whicheloe Macfarlane Ltd [2002] EUECJ C-164/00

TUPE: Revisiting Beckmann and Martin

Joanna Mason and Sinead Clancy assess a recent High Court judgment which considered the extent to which liability to provide early-retirement benefits transfers on a private business sale ‘The general position under TUPE is that rights under an occupational pension scheme do not transfer to the new employer or service provider following a business transfer.’ …

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Pensions: Making sure you (don’t) get your pension

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Roderick Ramage reviews the relationship between outsourcing and pensions ‘A major concern to the government and public sector unions was that the exemption of mainstream pension benefits from TUPE would result in the transferring employees, many of whom are in relatively low paid work, losing membership of a public sector pension scheme, as a result …

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TUPE: The pensions predicament

Catherine Drinnan describes why it is important to consider pension issues on the transfer of an undertaking ‘Although occupational pension schemes may generally be outside the scope of TUPE, all pension rights of the transferring employees should still be subject to full diligence procedures.’ A recent case has highlighted that transferees in a business sale …

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