Pension Pension scheme. The claimant trust company was the trustee of a pension scheme known as the IBM Pension Plan plan. It sought an order rectifying a trust deed and rules, which created, amongst other things, the 'C Plan' to grant employees a right to retire on an unreduced pension at any age between 60 and 63. In a supplemental judgment, the Chancery Division held that, applying settled law, IBM was not required by its imperial duties to consent to the amendment which the trust company had requested, nor could the trust company make the amendment without that consent.
Employment Equality of treatment of men and women. The Court of Appeal, Civil Division, dismissed an appeal by nine female employees against a decision of the Employment Appeal Tribunal (EAT) dismissing their claims under the . The court found that the EAT had been entitled to overturn the decision of the Employment Tribunal who had erred in respect of the issue of objective justification.
European Union Employment. The General Court of the European Union made a preliminary ruling concerning the interpretation of art 2 and para (a) of the second subparagraph of art 6(1) of Council Directive (EC) 2000-78-EC (establishing a general framework for equal treatment in employment and occupation). That reference was made in the context of proceedings involving Dr Odar and his former employer, Baxter Deutschland GmbH (Baxter), concerning the amount of compensation on termination of employment received by him under the Contingency Social Plan concluded by Baxter and its works council.
European Union Employment. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of Council Directive (EC) 2000-78 78 (establishing a general framework for equal treatment in employment and occupation), in disputes between federal public servants and Germany concerning the reimbursement of medical expenses of their civil partners, or whether account was to be taken of such civil partners for the purposes of the assistance granted to federal public servants in the event of illness.
European Union Employment. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 4 of Council Directive (EEC) 79-7 (on the progressive implementation of the principle of equal treatment for men and women in matters of social security) in proceedings between Ms Moreno and the Spanish National Institute of Social Security and the General Social Security Fund in relation to entitlement to a retirement pension.
Employment Dismissal. The Employment Appeal Tribunal dismissed the employee's claims for, inter alia, a golden handshake, and money under a personal health insurance policy after his dismissal due to ill health. The claim for money in lieu of holiday pay whilst off sick was remitted to a different employment tribunal in light of the decision of the Court of Appeal in Larner v NHS Leeds All ER (D) 273 (Jul).
European Union Equal treatment in employment and occupation. The Court of Justice of the European Union granted the declaration sought by the European Commission that by adopting a national scheme requiring compulsory retirement of judges, prosecutors and notaries when they reached the age of 62, Hungary had failed to fulfil its obligations under arts 2 and 6(1) of Council Directive (EC) 2000-78 (establishing a general framework for equal treatment in employment and occupation).
Employment Equality of treatment of men and women. The Supreme Court ruled that, on the true construction of the first part of of the Equal Pay Act 1970 and of the Equality Act 2010, a claim in respect of the operation of an equality clause could never be more conveniently disposed of by the tribunal if it would thereby be time-barred. If however a court concluded that instead of bringing a claim in court the claimant ought to have presented it before the tribunal in time, that might well be relevant when considering an order for costs.
Rectification Mistake. The instant case concerned a pension scheme known as the IBM Pension Plan (the main plan), which was originally established in 1957.The claimant trust company, the trustee of the plan, sought an order rectifying a deed of amendment, which created, amongst other things, the C Plan. The principal question was whether, in creating the C Plan as a new section of the main plan in 1983, it was intended to be on terms that members of the C Plan would have a right to retire on an unreduced pension at any age between 60 and 63 without any employer consent. The Chancery Division answered in the affirmative.
Employment tribunal Striking out. The Employment Appeal Tribunal allowed an appeal brought by an employee against the dismissal of her claims for race and sex discrimination by an employment tribunal in circumstances where the tribunal had acceded to an application by the employer to strike out the employee's claims having heard only one side of the evidence.