Chapter 6
Pensions information and consultation
[ch 6: page 67]Even though occupational pensions do not transfer, the employer still owes a statutory duty under TUPE to provide information relating to pensions, and to consult over planned measures, including any measures the transferee has told the transferor about before the transfer (such as planned changes to contribution rates). Failure to consult over pensions can lead to a protective award (see page 50).
There may also be separate statutory obligations to consult on pension scheme changes, carrying a possible fine from the Pensions Regulator of up to £50,000 for any breach.
The employer also owes common law duties to employees not to breach the employment contract or act negligently when informing them about their pensions (see page 47).