Up until the mid 1980’s many part time workers were excluded from being members of their employer’s occupational pension scheme.
Recently, legislation has allowed these people into schemes and also allowed them to claim they were unfairly treated and have their rightful membership reinstated. Following on from this legislation the Department for Work and Pensions have been consulting on the issue, trying to bring the UK into line with European laws.
Currently, successful claims can be backdated to 8 April 1976. However, if you started employment after that date then the date employment commenced will be the date used for backdating.
Our View
We have worked on a number of cases for part time workers. Many have had their cases backed by their Unions and are now waiting to hear if they can be reinstated into their pension schemes.
If you believe you were wrongfully denied access to your pension scheme you must complete an employment tribunal application form. This must be done within 6 months of leaving your employer. However, if you are still employed, the time limit does not apply.
Many cases are in the process of being settled and decisions from the tribunals should be known in late August this year. Remember that if you win your case and can be reinstated into the scheme, you will have to pay any contributions that would have been applicable at the time. You will need to assess whether it is worth making a payment, in return for the pension benefits you will receive.
Learn more about pensions in the Pensions Adviser.com.
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