All items: Pensions

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  Adams and others v Lancashire County Council and Bet Catering Services Ltd [1996] IRLR 154 HC (1 report relating to this case)

  • Transfer of undertakings: Pension rights excluded from transfers legislation

    Date:

    15 March 2001

    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.

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  Air Jamaica Limited v Charlton PC (1 report relating to this case)

  • In court 1999

    Date:

    1 January 2000

    Our 10th annual round-up of court and tribunal cases concerning pensions and retirement issues encompasses 38 judgments. Last year saw some important decisions, but fewer cases overall than in recent years.

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  Alexander Forbes Trustee Services Ltd v Clarke [2008] EWHC 153 (Ch) HC (1 report relating to this case)

  • Pension scheme wind-ups thrown into turmoil by court ruling

    Date:

    1 April 2008

    Schemes that commenced winding up between 1997 and 2005, and that are in deficit, may have to reprioritise their benefits for the second time within a year as a result of a recent High Court ruling.

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  Allonby v Accrington & Rossendale College and others [2004] IRLR 224 ECJ (8 reports relating to this case)

  • European Union: ECJ case law round-up

    Date:

    1 March 2005

    In our latest round-up of cases from the European Court of Justice, we look at cases on equal pay, maternity leave and equal treatment, the variation of terms relating to early retirement following a transfer of an undertaking, working time and European Works Councils.

  • Access to occupational pension schemes for the self-employed?

    Date:

    1 March 2004

    The European Court of Justice (ECJ) has published its ruling in Allonby v Accrington & Rossendale College.

  • Allonby v Accrington & Rossendale College and others

    Date:

    1 March 2004

    In Allonby v Accrington & Rossendale College and others [2004] IRLR 224 ECJ, the European Court of Justice held that a female lecturer employed via an agency could not claim equal pay in relation to a male lecturer employed directly by the college. The employment agency and the college could not be construed as being the same employer, and the differences in equal pay could not be attributed to a single source, so there was no single body responsible for the inequality.

  • Agency worker is entitled to membership of pension scheme

    Date:

    1 March 2004

    In Allonby v Accrington & Rossendale College and others, the European Court of Justice (ECJ) rules that a lecturer employed through an agency could not claim equal pay with lecturers employed directly by the college, but she could claim entitlement to join the lecturers' statutory pension scheme even though it was open only to those with a contract of employment.

  • ECJ decides on agency workers' rights

    Date:

    6 February 2004

    The ECJ has delivered its decision in the case of Allonby.

  • Case round-up: identity of the employer in a tribunal claim; and equal pay for an agency worker

    Date:

    3 February 2004

    This week's case round-up from Eversheds, covering: the identity of the employer in a tribunal claim; and equal pay for an agency worker.

  • Part-timers, equal pay and pensions

    Date:

    1 February 2004

    There have been two recent decisions on part timers' access to pension schemes under equal pay legislation; one from the European Court (ECJ) and another from the Employment Appeal Tribunal (EAT).

  • Case round up

    Date:

    1 February 2004

    Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

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  Allonby v Accrington and Rossendale College [2000] EAT (1 report relating to this case)

  • Equal pay: Comparator employed by different employer from claimant was not in "same employment"

    Date:

    15 July 2000

    A man employed by a college was not employed in the "same employment", within the meaning of the Equal Pay Act 1970, as a woman who was employed by a company which supplied her under a contract made with the college, holds the EAT in Allonby v Accrington & Rossendale College and others.

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  Allonby v Accrington and Rossendale College [2001] IRLR 364 CA (4 reports relating to this case)

  • Sex discrimination and equal pay: Inadequate explanation of why condition for avoiding dismissal was objectively justified

    Date:

    1 June 2001

    An employment tribunal erred in deciding that the sexually discriminatory condition of being in salaried as opposed to hourly-paid employment to avoid dismissal was objectively justifiable, holds the Court of Appeal in Allonby v Accrington & Rossendale College and others.

  • Contract worker can compare with employees

    Date:

    1 June 2001

    In Allonby v Accrington & Rossendale College the Court of Appeal has ruled that an employer can be liable under the Sex Discrimination Act for discriminating against a contract worker by offering her terms and conditions which are less favourable than those offered to its own employees.

  • Employer must show "real need"

    Date:

    1 June 2001

    In Allonby v Accrington & Rossendale College the Court of Appeal has held that once an employment tribunal has made a finding that a requirement or condition has a disparate impact on women, the tribunal is obliged to make a critical evaluation of whether the employers' reasons for imposing the conditions demonstrated a "real need".

  • Comparator claim to ECJ

    Date:

    1 June 2001

    In Allonby v Accrington & Rossendale College, the Court of Appeal has referred two questions on equal pay to the European Court of Justice.

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  Aon Trust Corporation Ltd v KPMG (a firm) and others [2004] All ER (D) 534 (Jul) HC (1 report relating to this case)

  • KPMG to bear the cost of £65 million deficit

    Date:

    1 September 2004

    A ruling by the High Court relating to a scheme run by KPMG for its staff has provided guidance on the definition of a money-purchase scheme that may affect the way some schemes are funded in future.

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  Balfron Trustees Ltd v Peterson and others [2001] IRLR 758 HC (1 report relating to this case)

  • Employer responsibility: Employer's responsibility to a victim of employee dishonesty

    Date:

    17 December 2001

    The High Court holds that it was arguable that a firm of solicitors which was not guilty of any dishonesty itself was vicariously liable for the acts of a solicitor it employed who allegedly knowingly assisted in the implementation of a plan to misappropriate funds from a pension scheme existing for the benefit of former employees of Balfron Group Ltd. We review the case of Balfron Trustees Ltd v Peterson.

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  Barber v Guardian Royal Exchange Assurance Group [1990] IRLR 240 ECJ (3 reports relating to this case)

  • Equal pay: case law update

    Date:

    2 March 2007

    This article looks at some of the significant judgments in the area of equal pay over the past year and their implications.

  • Occupational pensions are pay under EEC law

    Date:

    1 July 1990

    In Barber v Guardian Royal Exchange Assurance Group (17 May 1990) EOR32A, the European Court of Justice takes the historic decision that a pension paid under a contracted-out occupational scheme falls within the scope of the directly enforceable prohibition against sex discrimination in Article 119 of the EEC Treaty. Discrimination on grounds of sex by employers in setting pensionable ages and in benefits provided is unlawful from the date of the Court's decision.

  • Sex discrimination: Equality required in occupational pensions

    Date:

    19 June 1990

    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.

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  Barclays Bank plc v Kapur and others (No.2) [1995] IRLR 87 CA (2 reports relating to this case)

  • Race discrimination: Non-recognition of African service was not on "racial grounds"

    Date:

    1 December 1994

    East African Asian employees of a UK bank who were required to waive their right to have their African service with a "group" employer credited for pension purposes, had not suffered race discrimination, holds the Court of Appeal in Barclays Bank plc v Kapur and others.

  • No discrimination without racially-based reason

    Date:

    1 December 1994

    An industrial tribunal erred in finding that there had been direct racial discrimination in the absence of a finding that the reason for the treatment complained of was race-based, rules the Court of Appeal in Barclays Bank plc v Kapur and others (No.2).