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Employment Law and Pensions 2nd ed (eBook)

David Pollard

ISBN13: 9781526525833

Published: July 2023

Publisher: Bloomsbury Professional

Country of Publication: UK

Format: eBook (ePub)

Price: £135.00
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9781526525826

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This work remains the only text on the market that deals with the intersection of pension and employment law issues, thereby ensuring a timesaving and purposeful mode of practice.

The work is organised into seven distinct parts dealing respectively, after a comprehensive overview of pensions provision in the UK, with the obligations of employers; discrimination; employment contracts; employer's powers; consultation; TUPE; and the cessation of employment.

The new edition is fully updated to include:

New cases across all the seven parts of the work and their impact on practice and procedure
Impact of Brexit on pension provision in the UK
FCA guidance on employers providing financial information to employees
Expanded chapter dealing with whether third party trust rights fall within TUPE

There are new chapters on:

Disability discrimination and pensions
Changing pensions after a TUPE transfer

Subjects:: Employment Law, Pensions Law, eBooks

Contents:: Part 1: Introduction; 1. Introduction; 2. Pension Provision in the UK; Part 2: Employers And Pension Obligations; 3. Employment Contracts and Pensions; 4. Funding Obligations on Employers; 5. Automatic Enrolment; 6. Auto Enrolment: Prohibition on Employer Inducement; 7. Employer's Duty to Provide Written Details of Pension Arrangements; 8. Pensions as Pay; 9. Limited Implied Employer Obligation to Advise on Financial Matters; 10. Employer Liability: Negligent Advice; 11. Maternity and Paternity Rights; Part 3: Unlawful Discrimination; 12. Discrimination and Pensions: Sex Discrimination; 13. Discrimination and Pensions: Age Discrimination; 14. Age Discrimination and Pensions: Money Purchase Arrangements; 15. Age Discrimination: Objective Justification; 16. Age Discrimination: Flexible Benefits; 17. Discrimination and Pensions: Civil Partners and Same Sex Marriage; 18. Discrimination Issues: Temporal Service Limits; 19. Discrimination Issues: Liability of Pension Trustees; 20. Liability for Helping Unlawful Discrimination; Part 4: Employment Contracts: Changing Pensions; 21. Employment Contracts: The Contractual Pension Promise; 22. Does the Employment Contract Allow the Employer to Vary the Benefits; 23. Implied Consent or Waiver from Employees; 24. Forcing Change by Terminating Contract and Rehiring; 25. Changes to Pension Benefits: Potential Discrimination Claims; 26. Contractual Promises; 27. New Hires with Different Pension Benefits; 28. Employers Changing Discretionary Policies; 29. Contract Between Employer and Member Reducing Benefits Bind the Scheme; 30. Non-Pensionable Pay; 31. Salary Sacrifices and Pensions; 32. Employer Liens and Charges over Pension Benefits; Part 5: Employer's Powers And Consultation; 33. Employer's Powers: Implied Mutual Duty Of Trust; 34. Trust and Confidence; 35. Imperial Duty and MDTC; 36. Consumer Legislation; 37. Consultation and Pension Benefit Changes; 38. Works Councils and Pensions; 39. Pension Change: Consultation Under TULRCA 1992; 40. Role of the Pension Trustees In Relation to Benefit Amendments; 41. ERA 1996: Protection for an Employee Acting as a Trustee; Part 6: TUPE And Pensions; 42. TUPE and Pensions: General; 43. TUPE: General Exclusion of Transfer Of Occupational Pensions – Reg 10; 44. TUPE: What Is An 'Occupational Pension Scheme'?; 45. TUPE: Personal Pensions and Stakeholders; 46. TUPE: Pension Changes and Constructive Dismissal: Reg 10(3); 47. TUPE and Consultation Obligations on Pensions; 48. TUPE and Beckmann: 'Old Age, Invalidity Or Survivors' Benefits': Reg 10(2); 49. TUPE: Practical Issues On Old Age Benefits Remaining after P&G; 50. TUPE and Beckmann: How is Any Transferred Benefit Calculated?; 51. TUPE: Could the Seller be Liable (if the Buyer Fails to Provide) a 'Beckmann' Benefit?; 52. TUPE Transfer: Potential Trigger of Enhanced Benefits Under a Pension Scheme?; 53. TUPE and Business Transfers: Pa 2004 – (Limited) Obligation for Future Benefits; 54. Public Sector Transfers; Part 7: Cessation Of Employment And Pensions; 55. Enhanced Pension Benefits on Cessation Of Employment – What is 'Retirement'?; 56. Termination of Employment – Wrongful Dismissal: Pension Loss; 57. Damages: Offsetting Pensions Paid; 58. Termination of Employment: Loss of Life Cover; 59. Termination of Employment – Unfair Dismissal: Pension Loss; 60. Termination: Agreeing a Compensation Sacrifice or Adjustment; 61. Offsetting Pensions Against Redundancy Payments: 1965 Regulations