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Clifford Chance

Clifford Chance

Briefings

UK Pensions Update on IBM Judgement: February 2015

25 February 2015

Further news on IBM

A further judgement has recently been published in the case of IBM v Dalgleish.  By way of reminder, the original judgement (published early in 2014) found that IBM had breached its implied duty of trust and confidence (or "good faith") towards employees and pension scheme members in several respects, notably by:

  • Creating "reasonable expectations", as part of projects to change pension benefits, that further changes would not follow within the near future, and then proposing further changes shortly afterwards.
     
  • Asking employees to sign "non-pensionability agreements" (NPAs), under which future salary increases would not be pensionable.

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