Source: All England Reporter
Publisher Citation: [2012] All ER (D) 133 (May)
Neutral Citation: [2012] EWHC 1257 (Ch)
Court: Chancery Division
Judge:

Mr Justice Hildyard
Representation Christopher Nugee QC and Stephen Brown (solicitor advocate) (instructed by Jones Day) for the claimant.
  James Clifford and Joseph Barrett (instructed by Reynolds Porter Chamberlain LLP) for the defendants.
Judgment Dates: 14 May 2012

Catchwords

Employment - Continuity - Transfer of trade, business or undertaking - Claimant company operating pension scheme for employees including early retirement benefits - Claimant transferring business to defendant companies under agreement - Agreement providing adjustment of purchase price concerning pensions - Claimant seeking declarations on interpretation and operation of agreement - Whether employees having transferable rights - Whether liability for all early retirement benefits transferring - Whether early retirement benefits falling within 'old-age benefit' exclusion - Transfer of Undertakings (Protection of Employment) Regulations 2006, , .

The Case

Employment Continuity. The Chancery Division held that rights to be considered for early retirement benefits and to accrue further service up to 15 years' service transferred under the Transfer of Undertakings (Protection of Employment) Regulations 2006, and benefits payable after normal retirement age were old-age benefits, even if paid before age 55.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • Cases related to this particular case that are related to, or discuss this caseView related cases