IBM United Kingdom Holdings Ltd & Anor v Dalgleish & Ors [2015] EWHC 1439 (Ch) (19 May 2015)

IBM United Kingdom Holdings Ltd & Anor v Dalgleish & Ors [2015] EWHC 1439 (Ch) (19 May 2015)

IBM Holdings was not required to give a period of notice before implementing a new ER policy after 31 March 2014, but was required to communicate the adoption of the new policy to members. As no sufficient announcement or communication had yet been made, the New ER Policy had not been validly introduced, and members remained entitled to take early retirement on the Old ER Policy terms as of the date of judgment.

Citation
[2015] EWHC 1439 (Ch)
Parties
Claimant: IBM United Kingdom Holdings Limited; Claimant: IBM United Kingdom Limited; Defendant: Stuart Dalgleish; Defendant: Lizanne Harrison; Defendant: IBM United Kingdom Pensions Trust Limited
Jurisdiction
England and Wales
Judgment Date
19 May 2015
Procedural Posture
Chancery Division Civil Claim / Post Remedies Judgment, Further Argument on Implementation and Notice Requirements
Outcome
No valid introduction of New ER Policy; Old ER Policy remains in effect until proper communication is made.
Legal Topics
Employer's Duty in Pension Scheme Changes, Notice Requirements for Policy Change, Remedies for Breach of Trust, Early Retirement Policy, Project Waltz Litigation
Pensions Equity and Trusts Employment Employer's Duty in Pension Scheme Changes Notice Requirements for Policy Change Remedies for Breach of Trust Early Retirement Policy Project Waltz Litigation

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Parties

IBM United Kingdom Holdings Limited

Claimant

IBM United Kingdom Limited

Claimant

Stuart Dalgleish

Defendant

Lizanne Harrison

Defendant

IBM United Kingdom Pensions Trust Limited

Defendant

Procedural Posture

Chancery Division Civil Claim / Post Remedies Judgment, Further Argument on Implementation and Notice Requirements

Legal Issues

  1. 1 Whether IBM Holdings was required to give notice before implementing a new Early Retirement (ER) policy after 31 March 2014
  2. 2 Whether a new decision and announcement were required to validly implement the New ER Policy
  3. 3 Whether members are entitled to take early retirement on Old ER terms until valid introduction of New ER Policy

Ratio Decidendi

IBM Holdings was not required to give a period of notice before implementing a new ER policy after 31 March 2014, but was required to communicate the adoption of the new policy to members. As no sufficient announcement or communication had yet been made, the New ER Policy had not been validly introduced, and members remained entitled to take early retirement on the Old ER Policy terms as of the date of judgment.

Court Disposition

No valid introduction of New ER Policy; Old ER Policy remains in effect until proper communication is made.

Orders

  • IBM Holdings must communicate any new ER policy to members before it can take effect.
  • Members are entitled to take early retirement on Old ER Policy terms as of the date of this judgment.