In Ibekwe v London General Transport Services Ltd, the Court of Appeal holds that an employee's claim for damages for loss, resulting from his employer's alleged failure to inform him of his option to transfer accrued pension benefits to a new pension scheme, could not succeed.
In Hagen and others v ICI Chemicals and Polymers Ltd, the High Court holds that on the facts, an employer owed a duty to take reasonable care as to the truth of statements made to its employees in relation to a TUPE transfer.
The European Court of Justice has handed down its rulings in six cases on issues relating to sex equality and occupational pension schemes in light of the decision in Barber v Guardian Royal Exchange Assurance Group EOR32A.
In some circumstances, an employer is under an implied obligation to notify its employees of any rights which they have under their contracts of employment which are dependent upon them taking some sort of action, rules the House of Lords in Scally and others v Southern Health and Social Services Board and others.
The European Court of Justice holds that occupational pensions payable under a contracted-out scheme constitute "pay" under Article 119 of the Treaty of Rome, and so must be offered to men and women on equal terms.
In Bilka-Kaufhaus GmbH v Weber von Hartz [1986] IRLR 317 ECJ, the European Court of Justice held that the exclusion of part-time workers from occupational pension schemes contravenes Article 119 of the Treaty of Rome if this exclusion affects significantly more women than men, unless the employer can show that the exclusion is based on objectively justified factors unrelated to any discrimination on grounds of sex.