Workplace Report October 2002

Features: Pensions

Unions still fighting for part timers' pension rights

Trade unions are still pursuing the issue of backdated pension rights for part-time workers.

Following two European Court rulings on indirect discrimination in 1994, the TUC co-ordinated 60,000 tribunal claims by part timers excluded from their pension schemes. Rulings by the European Court and High Court last year clarified that in general terms employees could potentially get their pension rights backdated to when they joined the scheme (as far back as 1976) but they had to have lodged their claim within six months of leaving the relevant employment.

Unions are now appealing against recent tribunal rulings which restrict these rights. The first means that those affected by a transfer (takeover or privatisation) can only claim backdated entitlement within six months of the transfer taking place. The second concerns when the six-month limit on claims comes into effect if the employee has worked on a series of different contracts. The implication of the ruling is that part timers may lose out if they had breaks between contracts for family reasons and also if they moved to permanent status after a period on temporary contracts.