Walden Engineering Co Ltd v Warrener [1993] UKEAT 104_92_1706 (17 June 1993)

Walden Engineering Co Ltd v Warrener [1993] UKEAT 104_92_1706 (17 June 1993)

Occupational pension schemes such as the Anglo-Nordic Group Pension Scheme are supplementary schemes outside statutory social security schemes and are therefore excluded from the protection of EEC Directive 77/187 and the Transfer of Undertakings (Protection of Employment) Regulations 1981. No separate contract existed between Mr Warrener and Waldens regarding pension rights, and there was no breach of contract or bad faith in the surrender of the contracting-out certificate.

Citation
[1993] UKEAT 104_92_1706
Parties
Appellant: Walden Engineering Co Ltd; Respondent: Mr Warrener
Jurisdiction
United Kingdom
Judgment Date
17 June 1993
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed; application dismissed
Legal Topics
Transfer of Undertakings, Occupational Pension Schemes, EEC Directive 77/187, Transfer of Undertakings (protection of Employment) Regulations 1981, Contract of Employment, Employment Relationship
Employment Law Pensions Law EU Law Transfer of Undertakings Occupational Pension Schemes EEC Directive 77/187 Transfer of Undertakings (protection of Employment) Regulations 1981 Contract of Employment +1 more

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Parties

Walden Engineering Co Ltd

Appellant

Mr Warrener

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether occupational pension rights transfer under EEC Directive 77/187 and the Transfer of Undertakings (Protection of Employment) Regulations 1981
  2. 2 Whether the Anglo-Nordic Group Pension Scheme is a supplementary pension scheme outside statutory social security schemes
  3. 3 Whether a separate contract existed between Mr Warrener and Waldens regarding pension rights

Ratio Decidendi

Occupational pension schemes such as the Anglo-Nordic Group Pension Scheme are supplementary schemes outside statutory social security schemes and are therefore excluded from the protection of EEC Directive 77/187 and the Transfer of Undertakings (Protection of Employment) Regulations 1981. No separate contract existed between Mr Warrener and Waldens regarding pension rights, and there was no breach of contract or bad faith in the surrender of the contracting-out certificate.

Court Disposition

appeal allowed; application dismissed

Orders

  • Mr Warrener's application is dismissed.
  • Leave to appeal granted.