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PensionsTuesday 23 August 2022

Does TUPE automatically transfer pension benefit obligations?

David Pollard discusses in a Pensions Technical Bite whether private sector pension schemes are excluded from transfer under TUPE. Pointing to both (a) the wording of TUPE (referring to only employer obligations) and (b) the KIrtruna case in the European Court, as the basis for the argument that third party obligations (such as UK private sector pensions) do not transfer at all.

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