ECJ delivers Tupe early retirement benefits shock

This report relates to 1 case(s)

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  Beckmann v Dynamco Whicheloe Macfarlane Ltd [2002] IRLR 578 ECJ (6 other reports)

  • Transfer of undertakings: Early retirement pension paid on redundancy dismissal not excluded by TUPE

    Date:

    1 August 2002

    Early retirement and enhanced benefits paid on dismissal for redundancy to employees who have reached a certain age are not "old-age, invalidity or survivors' benefits" within the meaning of article 3(4) of the EC Business Transfers Directive, even if those benefits were calculated by reference to the rules for calculating normal pension benefits, holds the European Court of Justice in Beckmann v Dynamco Whicheloe Macfarlane Ltd.

  • Early retirement benefits not affected by a transfer

    Date:

    9 July 2002

    Private employers hiring public sector workers under TUPE need to be aware of potential liability when implementing redundancies.

  • Early retirement rights protected under TUPE

    Date:

    2 July 2002

    Private sector employers could be liable for the early retirement pension benefits of staff transferred from the public sector following a ruling by the European Court of Justice.

  • ECJ rules on transfer of early retirement benefits

    Date:

    1 July 2002

    The question of whether an employee may retain pension rights when an undertaking is transferred has caused great controversy in recent years, and has resulted in more than one referral to the European Court of Justice (ECJ).

  • ECJ: Ruling on transfer of early retirement benefits

    Date:

    1 July 2002

    In case C-164/00 Beckmann v Dynamco Whicheloe Macfarlane Ltd, the European Court of Justice (ECJ) ruled on 4 June 2002 that the 1977 business transfers Directive does not exclude the transfer of early retirement benefits.

  • ECJ retirement bombshell in the hands of the High Court

    Date:

    1 July 2002

    A ruling by the European Court of Justice that an early retirement pension is not an 'old age benefit' could have far reaching consequences if upheld by the High Court