Early pension counts under TUPE Regulations, says Advocate-General

Private contractor firms taking on staff transferred from the public sector could inherit liability for generous early retirement entitlements if recommendations from the European Court of Justice's Advocate-General are followed.

The ECJ will consider the Opinion of the Advocate-General, delivered on 13 December 2001, that an early retirement pension and lump sum payable on dismissal from the NHS should have transferred with the employee to the private sector under the Acquired Rights Directive 77/187 EEC, implemented in the UK by the Transfer of Undertakings (Protection of Employment) Regulations 1981.