Q&As

Can an employer consult directly with affected members when carrying out a pension consultation exercise?

read titleRead full title
Published on LexisPSL on 18/11/2013

The following Pensions Q&A provides comprehensive and up to date legal information covering:

  • Can an employer consult directly with affected members when carrying out a pension consultation exercise?
  • Who is the employer required to consult?
  • In the absence of existing representatives, should representatives be elected under the Pension Consultation Regs?
  • In practice

Who is the employer required to consult?

Under the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006, SI 2006/349 (the Pension Consultation Regs), employers must consult with either:

  1. representatives of members affected by the proposed pension changes ('affected members'), or

  2. the affected members directly

However, the Pension Consultation Regs have been drafted in such a way that the second option (ie direct consultation with affected members) is only available if:

  1. the affected members have no representatives, whether:

    1. under existing arrangements, ie in the form of:

      1. recognised trade union representatives

      2. representatives who have been elected or appointed under the Information and Consultation of Employees Regulations, SI 2004/3426, or

      3. representatives under an agreement between the employer and employees, or

    2. representatives elected specifically for the purpose of

Related documents:

Popular documents