Article 13 Pensions

(1)

Articles 4 and 14 shall not apply—

(a)

to so much of a transferred contract of a listed relevant employee or collective agreement as relates to an occupational pension scheme within the meaning of the Pension Schemes Act 1993^f1; or

(b)

to any rights, powers, duties, or liabilities under or in connection with any such contract or subsisting by virtue of any such agreement and relating to such a scheme or otherwise in connection with that listed relevant employee’s employment and relating to such a scheme.

(2)

For the purposes of paragraphs (1) and (3), any provision of an occupational pension scheme which does not relate to benefits for old age, invalidity or survivors shall not be treated as being part of the scheme.

(3)

A listed relevant employee whose contract of employment is transferred under article 4 shall not be entitled to bring a claim against the Assembly for—

(a)

breach of contract; or

(b)

constructive unfair dismissal under section 95(1)(c) of the 1996 Act,

arising out of a loss or reduction in his rights under an occupational pension scheme in consequence of the transfer, save insofar as the alleged breach of contract or dismissal (as the case may be) occurred prior to the date on which the Transfer of Undertakings (Protection of Employment) Regulations 2006^f2 took effect.

Annotations

Footnotes

f1: 1993 c.48.
f2: S.I. 2006/246, to which there are amendments not relevant to this Order.