Compensation for loss of pension rights under TUPE transfer (Adamson v BT)

Table of contents

• Original news
• What were the facts?
• What legal principles applied?
• What was decided?
• What are the practical implications of this case?

Article summary

In Adamson v British Telecommunications, the Employment Appeal Tribunal held that Adamson was entitled to compensation for pension loss following an unfair dismissal on a TUPE transfer. This is because, while pensions do not transfer under TUPE, a finding of fact had been made that the transferee (ie BT) would have honoured the existing pension benefits for transferring employees.