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Transfer of undertakings: Pension rights excluded from transfers legislation

This report relates to 1 case(s)

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    Adams and others v Lancashire County Council and Bet Catering Services Ltd [1996] IRLR 154 HC (0 other reports)

The EC Business Transfers Directive excludes all pension rights (past, present and future) from the terms and conditions transferred with employees on the transfer of an undertaking, holds the High Court in Adams and others v (1) Lancashire County Council and (2) BET Catering Services Ltd [1996] IRLR 154. Accordingly, the exclusion of pension rights from the United Kingdom's Transfer of Undertakings Regulations is consistent with Community law. Furthermore, Member States are only under a duty to provide protection in respect of pension rights that have accrued during periods of service with the transferor, and which "crystallise" at the point of transfer.