Transfer of undertakings: Early retirement pension paid on redundancy dismissal not excluded by TUPE

Early retirement and enhanced benefits paid on dismissal for redundancy to employees who have reached a certain age are not "old-age, invalidity or survivors' benefits" within the meaning of article 3(4) of the EC Business Transfers Directive, even if those benefits were calculated by reference to the rules for calculating normal pension benefits, holds the European Court of Justice in Beckmann v Dynamco Whicheloe Macfarlane Ltd 4.6.2002, Case C-164/00. Any contractual obligation in respect of such benefits may transfer to the transferee, and the fact that the obligation derived from, or was implemented by, statutory Regulations, did not alter the position.