Q&As

What are the time limits for bringing a TUPE-related claim where the transferee does not meet its obligations under a pension scheme that should have transferred under TUPE? If the time limit has expired would an employee have a forum for bringing a claim at court rather than the employment tribunal?

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Published on LexisPSL on 21/10/2020

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

  • What are the time limits for bringing a TUPE-related claim where the transferee does not meet its obligations under a pension scheme that should have transferred under TUPE? If the time limit has expired would an employee have a forum for bringing a claim at court rather than the employment tribunal?
  • Statutory minimum level of pension benefits
  • The appropriate forum for claims

What are the time limits for bringing a TUPE-related claim where the transferee does not meet its obligations under a pension scheme that should have transferred under TUPE? If the time limit has expired would an employee have a forum for bringing a claim at court rather than the employment tribunal?

While the Transfer of Undertakings (Protection of Employment) Regs 2006 (TUPE), SI 2006/246 protect the contractual employment rights of employees on their transfer to the transferee employer, as a general rule, pension rights under occupational pension schemes do not transfer to the transferee on a TUPE transfer (TUPE, SI 2006/246, reg 10). This is known as TUPE's pensions exception.

For further information, see Practice Notes:

  1. TUPE—transfer of rights and liabilities

  2. TUPE and Beckmann—the pensions exception, in particular the section entitled ‘TUPE's pensions exception’

Pension related rights which do not fall within TUPE's pensions exception do fall under TUPE and will accordingly transfer to the transferee employer on a TUPE transfer.

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