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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

Once in a while there is a legal case that turns the world upside down, writes John McMullen.

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ECJ delivers Tupe early retirement benefits shock

This report relates to 1 case(s)

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

Early retirement benefits not affected by a transfer

Early retirement rights protected under TUPE

ECJ rules on transfer of early retirement benefits

ECJ: Ruling on transfer of early retirement benefits

ECJ retirement bombshell in the hands of the High Court

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ECJ delivers Tupe early retirement benefits shock

This report relates to 1 case(s)

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

Early retirement benefits not affected by a transfer

Early retirement rights protected under TUPE

ECJ rules on transfer of early retirement benefits

ECJ: Ruling on transfer of early retirement benefits

ECJ retirement bombshell in the hands of the High Court

Please log in to XpertHR to read the rest of this article

Read more items tagged with the same topics

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