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ARTICLE · 29 MAY 2019

Beckmann Rights: Back To Basics

Gowling WLG
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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

United KingdomEmployment and HR

"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".

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