A recent decision of the European Court of Justice may result in the UK having to amend its sexual orientation laws in relation to pensions. Although the main points at issue in the case are already covered by legislation in the UK, the application of the Barber temporal restriction may have an impact on public sector schemes.
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.
In Winder v 1) Aston University 2) Campbell and Aston University v 1) Campbell and 2) Winder EAT/0025/07 & EAT/0026/07, the EAT held that jobs that have changed over time may count as one "employment" for the purposes of the six-month time limit under the Equal Pay Act 1970, unless the changes, in effect, involved different contracts.
The Employment Appeal Tribunal has held that an employment tribunal should have considered whether or not an employer had breached the implied duty of trust and confidence by not informing an employee of a pension benefit to which she was entitled.
In Bloxham v Freshfields Bruckhaus Deringer  ET/2205086/06, an employment tribunal has held that changes to a law firm's pension scheme that discriminated on the grounds of age were justified.
This week's case of the week, provided by Addleshaw Goddard, covers age discrimination and pension schemes.
In Christie v (1) Department for Constitutional Affairs (2) Department for Work and Pensions EAT/0140/07, the Employment Appeal Tribunal (EAT) has held that there is not a common definition of worker in European law. Therefore a part-time tribunal chair who was paid a daily fee could not claim that he was covered by the part-time workers regulations.
The High Court has inflicted another defeat on the government in its attempt to avoid responsibility for compensating people who lost final-salary pension rights following the insolvency of their employer.
This article looks at some of the significant judgments in the area of equal pay over the past year and their implications.
HR and legal information and guidance relating to pensions.