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Employment Law and Pensions 2nd ed (eBook)

David Pollard

ISBN13: 9781526525833
Published: July 2023
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: eBook (ePub)
Price: Out of print
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Also available as
Hardback
9781526525826
£160.00

This work remains the only text on the market that deals with the intersection of pension and employment law issues, thereby ensuring a timesaving and purposeful mode of practice.

The work is organised into seven distinct parts dealing respectively, after a comprehensive overview of pensions provision in the UK, with the obligations of employers; discrimination; employment contracts; employer's powers; consultation; TUPE; and the cessation of employment.

The new edition is fully updated to include:

  • New cases across all the seven parts of the work and their impact on practice and procedure
  • Impact of Brexit on pension provision in the UK
  • FCA guidance on employers providing financial information to employees
  • Expanded chapter dealing with whether third party trust rights fall within TUPE

There are new chapters on:

  • Disability discrimination and pensions
  • Changing pensions after a TUPE transfer

Subjects:
Employment Law, Pensions Law, eBooks
Contents:
Part 1: Introduction
1. Introduction
2. Pension Provision in the UK

Part 2: Employers And Pension Obligations
3. Employment Contracts and Pensions
4. Funding Obligations on Employers
5. Automatic Enrolment
6. Auto Enrolment: Prohibition on Employer Inducement
7. Employer's Duty to Provide Written Details of Pension Arrangements
8. Pensions as Pay
9. Limited Implied Employer Obligation to Advise on Financial Matters
10. Employer Liability: Negligent Advice
11. Maternity and Paternity Rights

Part 3: Unlawful Discrimination
12. Discrimination and Pensions: Sex Discrimination
13. Discrimination and Pensions: Age Discrimination
14. Age Discrimination and Pensions: Money Purchase Arrangements
15. Age Discrimination: Objective Justification
16. Age Discrimination: Flexible Benefits
17. Discrimination and Pensions: Civil Partners and Same Sex Marriage
18. Discrimination Issues: Temporal Service Limits
19. Discrimination Issues: Liability of Pension Trustees
20. Liability for Helping Unlawful Discrimination

Part 4: Employment Contracts: Changing Pensions
21. Employment Contracts: The Contractual Pension Promise
22. Does the Employment Contract Allow the Employer to Vary the Benefits
23. Implied Consent or Waiver from Employees
24. Forcing Change by Terminating Contract and Rehiring
25. Changes to Pension Benefits: Potential Discrimination Claims
26. Contractual Promises
27. New Hires with Different Pension Benefits
28. Employers Changing Discretionary Policies
29. Contract Between Employer and Member Reducing Benefits Bind the Scheme
30. Non-Pensionable Pay
31. Salary Sacrifices and Pensions
32. Employer Liens and Charges over Pension Benefits

Part 5: Employer's Powers And Consultation
33. Employer's Powers: Implied Mutual Duty Of Trust
34. Trust and Confidence
35. Imperial Duty and MDTC
36. Consumer Legislation
37. Consultation and Pension Benefit Changes
38. Works Councils and Pensions
39. Pension Change: Consultation Under TULRCA 1992
40. Role of the Pension Trustees In Relation to Benefit Amendments
41. ERA 1996: Protection for an Employee Acting as a Trustee

Part 6: TUPE And Pensions
42. TUPE and Pensions: General
43. TUPE: General Exclusion of Transfer Of Occupational Pensions – Reg 10
44. TUPE: What Is An 'Occupational Pension Scheme'?
45. TUPE: Personal Pensions and Stakeholders
46. TUPE: Pension Changes and Constructive Dismissal: Reg 10(3)
47. TUPE and Consultation Obligations on Pensions
48. TUPE and Beckmann: 'Old Age, Invalidity Or Survivors' Benefits': Reg 10(2)
49. TUPE: Practical Issues On Old Age Benefits Remaining after P&G
50. TUPE and Beckmann: How is Any Transferred Benefit Calculated?
51. TUPE: Could the Seller be Liable (if the Buyer Fails to Provide) a 'Beckmann' Benefit?
52. TUPE Transfer: Potential Trigger of Enhanced Benefits Under a Pension Scheme?
53. TUPE and Business Transfers: Pa 2004 – (Limited) Obligation for Future Benefits
54. Public Sector Transfers

Part 7: Cessation Of Employment And Pensions
55. Enhanced Pension Benefits on Cessation Of Employment – What is 'Retirement'?
56. Termination of Employment – Wrongful Dismissal: Pension Loss
57. Damages: Offsetting Pensions Paid
58. Termination of Employment: Loss of Life Cover
59. Termination of Employment – Unfair Dismissal: Pension Loss
60. Termination: Agreeing a Compensation Sacrifice or Adjustment
61. Offsetting Pensions Against Redundancy Payments: 1965 Regulations