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Pensions

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  • ECJ: Ruling on occupational pension rights of transsexuals

    Date:
    1 February 2004
    Type:
    Law reports

    In case C-117/01: K B v National Health Service Pensions Agency and Secretary of State for Health, the ECJ ruled on 7 January 2004 that national legislation which denies transsexuals the right to marry is contrary to Community law if the effect of this is to deprive them of any entitlement to a survivor's pension.

  • UK law discriminates against transsexual partners

    Date:
    1 February 2004
    Type:
    Law reports

    After nearly three years, the European Court of Justice (ECJ) has finally provided an answer to a question concerning the pension rights of transsexuals.

  • Preston ruling clarifies TUPE position

    Date:
    1 February 2004
    Type:
    Law reports

    A new ruling in the long-running Preston case allows part-time employees, whose employment has been transferred, much longer to bring claims of indirect sex discrimination if they were refused entry to an occupational scheme due to the hours they work.

  • Part-timers, equal pay and pensions

    Date:
    1 February 2004
    Type:
    Law reports

    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).

  • Martin and others v South Bank University

    Date:
    1 January 2004
    Type:
    Law reports

    In Martin and others v South Bank University [2004] IRLR 74 ECJ, the European Court of Justice held that early retirement benefits should be paid for by a new employer after a transfer of undertakings.

  • When is retirement really retirement?

    Date:
    1 January 2004
    Type:
    Law reports

    The House of Lords has ruled in Venables v Hornby (Inspector of Taxes) [2003] UKHL 65 on the circumstances in which early retirement pensions can be taken.

  • Case round-up

    Date:
    1 December 2003
    Type:
    Law reports

    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.

  • Case round-up: communicating pensions changes; and dismissal for conduct outside work

    Date:
    11 November 2003
    Type:
    Law reports

    This week's case round-up from Eversheds, covering: communicating pensions changes; and dismissal for 'disreputable' conduct outside work.

  • Employer's liability: Extent of employer's duty to take reasonable steps to inform employee of contractual term

    Date:
    7 November 2003
    Type:
    Law reports

    In Ibekwe v London General Transport Services Ltd, the Court of Appeal holds that an employee's claim for damages for loss, resulting from his employer's alleged failure to inform him of his option to transfer accrued pension benefits to a new pension scheme, could not succeed.

  • Equal treatment: Exclusion from part-time working scheme at pension age contrary to principle of equal treatment

    Date:
    5 September 2003
    Type:
    Law reports

    In Kutz-Bauer v Freie und Hansestadt Hamburg the ECJ holds that articles 2(1) and 5(1) of the Equal Treatment Directive (No.76/207/EC) must be interpreted to mean that provisions of a collective agreement applicable to the public service, which denies women entry to a part-time working scheme at age 60 due to their eligibility for an old-age pension (while men are not so eligible until age 65) are precluded, unless they can be objectively justified by objective criteria not related to any discrimination on grounds of sex.

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