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Employment Issues - TUPE and Early Retirement

TUPE and Early Retirement

For many years there has been a lack of clarity surrounding the question as to the extent to which rights relating to enhanced early retirement in an occupational pension scheme will transfer under TUPE on the sale of a business.

Whilst the judgments in various landmark cases signal that there is certainly some some degree of transfer, the extent seems to be a matter which is still left to the individual case at hand.

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