Location: Northern Ireland
Rep.of Ireland
Location: Northern Ireland
Rep.of Ireland

First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

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Salary Increase Instead of Pension Contributions – Can an Employer do This?

Posted in: First Tuesday Q&A NI on 01/11/2022 Can an employer increase salary instead of making pension contributions - where the employee requests that they do so? The risk that is run in this situation is whether a salary increase as a result of withdrawal from a pension scheme would be considered inducement under section 54 of the Pensions ...
This article is listed under the following topics:
Contracts of Employment Pensions Pay

Do employment tribunals have jurisdiction to hear money claims made by a former employee for underpaid employer pension contributions?

Posted in: First Tuesday Q&A NI on 05/10/2021 The EAT in Somerset County Council v Chambers UKEAT/0417/12 confirmed that pension contributions are excluded from the definition of “wages”. Therefore, a claim for underpaid employer pension contributions would most likely be brought as a breach of contract claim. The claimant can choose to bring ...
This article is listed under the following topics:
Pensions Tribunal Practice Procedures and Jurisdictional Issues

For new employees joining a company, can we wait until their probationary period of 6-months has been completed before auto-enrolling them in the pension scheme?

Posted in: First Tuesday Q&A NI on 07/03/2017 Employers can postpone auto-enrolment for a period of up to 3 months to delay the enrolment of a new probationary employee. The maximum deferment is 3 months, and so it will not cover the whole of any extended probationary period. A new employee must therefore be auto-enrolled after the deferred pe...
This article is listed under the following topics:
Pensions Probation Pay

We have recently employed someone who is subject to a 6 month probationary period. Can we wait until their probationary period of 6 months has elapsed before auto-enrolling them in our pension scheme?

Posted in: First Tuesday Q&A NI on 06/09/2016 Employers can postpone auto-enrolment for a period of up to 3 months to delay the enrolment of a new probationary employee. The maximum deferment is 3 months, and so it will not cover the whole of any extended probationary period. A new employee must, therefore, be auto-enrolled after the deferred ...
This article is listed under the following topics:
Pensions Probation

For new employees joining a company, can we wait until their probationary period of 6-months has been completed before auto-enrolling them in the pension scheme?

Posted in: First Tuesday Q&A NI on 05/08/2015 Employers can postpone auto-enrolment for a period of up to 3 months to delay the enrolment of a new probationary employee. The maximum deferment is 3 months, and so it will not cover the whole of any extended probationary period. A new employee must therefore be auto-enrolled after the deferred pe...
This article is listed under the following topics:
Pensions Probation

We have a contractual retirement age of 65 and two different pension schemes. For a number of our current staff, they will not be entitled to a State pension until they are 68. The issue of the 3 years between payment of occupational and state pensions is one which is being raised regularly. We are reluctant to change our contractual retirement age as this may create other issues for us, not least for those who will qualify for a State pension earlier. Are other companies removing a contractual retirement age or implementing other measures? Is this situation likely to change?

Posted in: First Tuesday Q&A NI on 04/06/2013 This issue may affect many employers in Northern Ireland who continue to enforce a contractual retirement age. Due to changes in the State pension age employees may face inconsistency between their contractual pension age (usually 65) and the age at which the State pension becomes available. Employ...
This article is listed under the following topics:
Contracts of Employment Pensions

Our pension age is 65. Can a business still maintain 65 as retirement age or not? If yes, are there any provisos?

Posted in: First Tuesday Q&A NI on 03/01/2012 The legislation which allowed the lawful retirement of employees who reached the default retirement age of 65 was repealed in April 2011. This doesn’t mean that employees can’t retire at 65 anymore - it just means that this has become an issue of choice for them, rather than compulsion. While conse...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment Pensions