The PO has partially upheld a complaint of a transferred employee, a Mr Vose, against his employer for loss of expectation relating to an award of pension credits.
The PO determined that the complainant’s employment rights with his former employer were protected on his transfer to a new employer. However, it also found that Mr Vose’s new employer was under no obligation to offer pension protection in respect of future service and that Mr Vose’s pension rights with his new employer dated from the time of the TUPE transfer, as was consistent with the TUPE regulations at the time of the transfer.
The date of the transfer was after the point at which the new employer withdrew a policy awarding five years’ pension credits to certain employees in relation to their period of apprenticeship. The complainant asserted that he had been misinformed about the service credits and the PO identified maladministration on the part of the employer in failing to provide correct information and to accurately document this.