"Beckmann" rights are pension benefits, which,
contrary to the general position, transfer under TUPE.
In the next of our back to basics series, Gowling WLG's
Combined Human Resources Solutions (CHRS) team provides a recap of
the key points to be aware of and how these rights can be dealt
with in practice.
Background
There is a specific pensions exemption in the Transfer of
Undertakings (Protection of Employment) Regulations 2006 (TUPE)
which carves out certain rights under an occupational pension
scheme from the normal operation of TUPE. However, this exemption
only applies to rights under an occupational pension scheme
relating to "old age, invalidity or survivors'
benefits".