Q&As

What claims, if any, can an employee bring in the employment tribunal in respect of an employer's failure to exercise its powers to consider ill-health early retirement under a pension scheme?

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Published on LexisPSL on 27/01/2021

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

  • What claims, if any, can an employee bring in the employment tribunal in respect of an employer's failure to exercise its powers to consider ill-health early retirement under a pension scheme?
  • Possible claims against employer in respect of ill-health early retirement
  • Claims in the employment tribunal

Possible claims against employer in respect of ill-health early retirement

Possible claims against an employer in respect of ill-health early retirement may include:

  1. breach of contract:

  2. an employer is under a contractual duty to act in good faith as regards the possibility of early retirement under its pension scheme if it has one offering such an option. The duty means that the employer should take medical advice and form an opinion as to whether the particular employee meets the conditions for early retirement due to ill-health

  3. the employer is also obliged under the duty of implied trust and confidence to exercise its powers to consider early retirement due to ill-health

  4. unfair dismissal: consideration of the possibility of an ill-health early retirement before dismissing is relevant to the overall fairness of a dismissal

  5. claims under the Equality Act 2010 (EqA 2010): co

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