Occupational pensions and employment law

Updating author: Ian Holloway

Brightmine editor: Zuraida Curtis

Summary

• There are several employment law-related issues associated with the provision of occupational pensions. (See Occupational pensions and employment law - overview)
• Under the Equality Act 2010, occupational pensions must be taken to include a non-discrimination rule. (See Occupational pension schemes and the non-discrimination rule)
• Case law has established that equal pay provisions apply to occupational pension schemes. (See Occupational pension schemes and sex discrimination)
• There are several exemptions from the non-discrimination rule in relation to age, for occupational pensions. (See Occupational pension schemes and age discrimination)
• Employers are required to consult with employees about changes to pensions schemes. (See Pensions and consultation and information requirements)
• Pension scheme trustees are protected against detrimental treatment and dismissal for carrying out their functions as a trustee. (See Occupational pensions and protections for pension scheme trustees)
• In the event of a TUPE transfer, where the transferor contributes into an occupational pension scheme, the transferee must offer affected employees a prescribed level of pension provision after the transfer. (See Occupational pension schemes and TUPE)