Pension disputes—avenues available to scheme members
Produced in partnership with Wyn Derbyshire of gunnercooke LLP
Pension disputes—avenues available to scheme members

The following Pensions practice note Produced in partnership with Wyn Derbyshire of gunnercooke LLP provides comprehensive and up to date legal information covering:

  • Pension disputes—avenues available to scheme members
  • Disputes relating to occupational pension schemes
  • Disputes relating to personal/stakeholder pension schemes
  • Disputes relating to the state pension
  • Bringing a claim straight to court
  • Internal dispute resolution procedure—for occupational pension schemes only
  • The Pensions Ombudsman
  • The Pension Ombudsman’s jurisdiction
  • Limits to the Pensions Ombudsman’s jurisdiction
  • Process
  • More...

THIS PRACTICE NOTE APPLIES IN RELATION TO OCCUPATIONAL AND PERSONAL PENSION SCHEMES

Disputes in relation to a pension schemes can take various forms. Depending on the type of scheme in question and the relevant facts, they can be potentially pursued through a number of different avenues. This Practice Note focuses on disputes that may be brought by aggrieved members in respect of pension rights under occupational or personal pension schemes.

Disputes relating to occupational pension schemes

An employee (or former employee) with a complaint relating to their pension rights under a trust-based occupational pension scheme acquired during the course of employment may (depending on the particular facts of their claim) have two principal avenues through which they can pursue their claim:

  1. make a written complaint against their employer—this is possible if the pension claim in question can be shown to relate to contractual rights under their contract of employment

  2. make a written complaint against the scheme trustees (and potentially again, the employer) insofar as the claim can be shown to arise under rights the individual has under the trusts of the relevant pension scheme (eg a potential breach of trust claim)

Where the scheme is an occupational pension scheme, complaints against the scheme trustees will usually be dealt with by the trustees by implementing the scheme’s internal dispute resolution procedure (IDRP) (where such a procedure exists). For more

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