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Taken out of the pension scheme without my consent?

8 replies

Borninthenorth · 08/12/2013 15:30

Hi everyone,
I have recently been redeployed to a lower grade in the same organisation, with my salary protected for 2 years. I found out (by accident) that I have been removed from the original pension scheme that I have been in for four years, and will be offered a chance to join the "alternative" scheme (which I don't want to do as its not a comparable scheme) that is only open to lower grades, that I am now on. New starters at these lower grades have to go into the alternative scheme, but I am not a new starter.
I am fuming as I had no idea that this would happen, and it was not explained at any point in the redeployment process. In fact I have an email stating that I will have "protected rights" for 2 years.
Can they take me out of one pension scheme and put me into another without my consent? I have had nothing in writing to tell me what is happening, or give me a chance to appeal this decision.
I have spoken to HR but they basically told me that I should be grateful to have a job, as I was on the redeployment register.
Any help or advice would be really appreciated.
Borninthe north.

OP posts:
Leverette · 08/12/2013 18:30

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Borninthenorth · 08/12/2013 18:37

Thanks Leverette,
that was my assumption too.
I have gone over the Redeployment policy with a fine tooth comb this weekend. I can find exclusions to what is protected (mostly extra allowances), but there is no mention of pension at all.
I think they have got a fight on their hands.

OP posts:
heather1 · 08/12/2013 18:48

Hi, I spoke to my husband, he works in pensions. He says is depends what the email about the protected rights means and talks about.
Maybe try the Cab.
The crux of the matter is the email about protected rights if it specifically mentions salary only then it won't be helpful. If it is non specific about protected rights then it could be interpreted as including your pension.
It's a legal not a pensions question so maybe see legal help too. Are you in a union? Often they offer free legal assistance.

Borninthenorth · 08/12/2013 19:19

The email has no mention of salary at all. The first part of the email is setting an appointment for me to discuss the new role. Then it says:

"Nearly forgot, it is a grade x position but you would have protected rights for 2 years if you were redeployed into this lower grade role" I assumed that this meant that my pension was also protected.

I am not in a union, but I have spoken to the local rep and he says my case is based on the fact that I am being treated like a new employee, by being forced into the "second rate" pension.

I think I need to make an appointment at the local CAB.

Thanks for your input, I really appreciate it.

OP posts:
JingleBells89 · 08/12/2013 19:20

Hi Borninthenorth...assuming when you say that you've been redeployed with "protected rights" you will be protected under TUPE conditions and, based on my previous experience of this, we were told that everything involving pay (including tax/NI/pensions) had to remain the same and, if anything were to change, you have to be notified in writing prior to the change taking place. If you are part of a Union, I would talk to your rep or, alternatively, maybe go to Citizens Advice Bureau...hope you get it sorted Smile

JingleBells89 · 08/12/2013 19:22

Forgot to say...if they haven't notified you of anything that has changed using the correct procedure, they may have to pay a fine to everyone affected so, if anyone is in the same position as you, try to get a few people to raise the problem as they will not want to be paying fines!

BeckAndCall · 08/12/2013 19:25

jinglebells TUPE only applies between different companies. I think the OP is talking about redeployment in the same organisation.

Borninthenorth · 08/12/2013 19:35

Yes, I am talking about redeployment in the same organisation.

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