Pensions – frequently asked questions (FAQ)

Making a claim

1. How do I make a claim to the Tribunal?

Application forms are contained in a booklet called "How to apply to an Employment Tribunal". These are available from Job Centres and your local Employment Tribunal Office. The booklet also contains information about Tribunal procedures and, at the end pages, details as to which office your application should be sent. You can also apply online .

2. How far back can I claim?

If you were excluded from your employer's pension scheme because you were part-time, the earliest date you can claim from is 8th April 1976. If you began working for your employer after this date, then the earliest you can claim from is your employment start date, unless your service was broken for any reason, when the earliest you can claim from is likely to be the date you resumed working.

3. Is there a time limit for bringing a claim?

Yes, claims should be made within six months of your employment relationship ending. This time limit was enforced by the House of Lords in February 2001 following a series of appeals.

4. Will I receive an acknowledgement of my claim?

If you named a representative to act on your behalf on your application form, the acknowledgement letter from the tribunal is sent to them. If you do not have a representative all correspondence from the Tribunal will be sent directly to you.

5. What happens next with my claim?

As with all tribunal claims, your application will sent by post to the employer you named in your form. Public sector employers are not currently required to respond formally.

If your employer is in the private sector (with the exception of the banking and electricity supply sector) the employer will be required to enter a written defence, called a Notice of Appearance. You or your representative will be sent a copy of that defence, together with information about what will happen next in your case.

6. What does the term "stayed" mean?

This is a legal term which means that a case is "on hold" either because of settlement talks or because it is affected by an appeal in one of the test cases. Because of the large number of claims relating to pension access for part time workers received by the Tribunal, it became necessary to devise a method to ensure that points common to every pension case were heard centrally. A number of "test cases" were selected for that purpose, drawn from the public sector, the clearing banks and the electricity supply sector.

7. Will I have to go to a hearing?

Many of the issues involved in determining the right of a part time worker to join a pension scheme have been decided by the test case hearings already held. This is likely to mean that the large majority of applications will be resolved without the need for individual hearings. However, a small number of cases may require a hearing if the employer and employee do not agree to the facts about the employment history.

It is not possible to say, at this stage, whether you will be required to attend a hearing, but if it becomes necessary, full details will be provided in due course.

8. Who can I go to for advice?

As the tribunal can only offer procedural guidance, we direct parties to approach their union or employers organisation, the Citizens Advice Bureau, ACAS or other legal advice agency for help with their case. An independent body called the Occupational Pension Advisory Service may, in some circumstances, be able to assist you. Their telephone number is 0845 6012923.

General information

9. What do I do if I require information about my claim?

If you require specific information regarding your claim, please write to the tribunal office holding your claim, including details of your name, address, case number and employer's name.

10. Will you provide me with updates?

Yes, the tribunal aims to update all parties regularly through the use of information bulletins and by copying important letters to you. If you have a named representative you should contact them directly.

11. What do I do if I change address?

Inform the tribunal in writing, quoting your name, case number, who your claim is against and that it is a part time worker pension case. If you do not know which tribunal office is dealing with your claim, please send the details to your nearest Tribunal office.

12. What do I do if I want to withdraw my claim?

Write to the tribunal, quoting your name, case number and who your claim is against and state that you are withdrawing your claim. A letter will be sent to the parties confirming your withdrawal and that the case is closed.

13. What happens if the person making the claim dies?

In these unfortunate circumstances, the tribunal should be notified in writing. The tribunal will need to know the name and address of the executor or administrator of the deceased person's estate, or the name and address of the personal representatives of the deceased. It should normally be possible to continue with the claim on the deceased person's behalf.

The current position

14. Why have these cases taken such a long time to be sorted out?

It should be stressed that the tribunal has not slowed things down. The tribunal reached a preliminary decision in 1995 about the time limits relating to these cases which was appealed by the unions. The appeal process took six years to reach completion, which included a referral to the European Court of Justice. The tribunal had found that part-time workers could only claim back the last two years of their pension rights. However, the unions won their appeal and as a consequence part-time workers are now able to claim back as far as 8th April 1976 or, if later, their employment start date.

The House of Lords published their final judgment on part-time worker pension cases in February 2001, and since that date there have been a number of very complex legal issues which have been considered at a series of Tribunal hearings in London.

The tribunal's main decision was promulgated ("made public") in August 2002. There have been a number of appeals lodged by both the unions and the employers. A hearing date at the Employment Appeals Tribunal took place between 3rd and 7th November 2003 inclusive.

15. Now that more appeals have been made, does this mean my claim is going to be delayed further?

Not necessarily. The Government and six public sector unions have now agreed a formula for settling public sector cases which are straightforward. However, where the employers rely upon a defence currently being appealed, it will not be possible to settle those cases at the present time. Full details of the issues being appealed are in Information Bulletin 7, whilst details of how settlements are being dealt with are provided in Information Bulletin 8, specifically paragraphs 6 and 8.

If your employer is in the electricity supply sector or a clearing bank, there are currently negotiations continuing which should result in an agreed settlement.

If your employer is in the private sector, the current situation will depend upon the defences they are relying upon.

16. What is happening with my case if I live in Scotland?

The position regarding public sector cases in Scotland is, at the moment, unclear. Discussions on public sector claims are ongoing and we will write to parties when we have further information.

As with England and Wales, if your employer is in the electricity supply sector or a clearing bank, there are currently negotiations continuing which should result in an agreed settlement.

If your employer is in the private sector, the current situation will depend upon the defences they are relying upon. The respondents will, in the near future, be required to advise the tribunal which cases they are settling and which they say they are not able to settle, giving reasons why. The tribunal will write to you again once further information about your case becomes available.

The Public sector settlement

18. How do I know whether my case will be settled?

You will be notified in writing by your employer or pension scheme administrator if they are able to make you an offer. Alternatively, if there is a disagreement between you and your employer about the details of your case, e.g. your length of service, the Tribunal will list your case for a hearing.

19. When will I receive my settlement or an offer from my employer?

It is unlikely to be before the end of November 2003, and will depend upon how quickly you respond to a questionnaire which will be sent to you by your employer or pension scheme administrator in either October (education and local Government workers) or November (health sector workers). Please refer to Information Bulletin 8, specifically paragraph 6.

20. Will I have to pay anything?

If the pension scheme is contributory both you and your employer will have to pay into the scheme.

21. What will I have to pay?

You will have to pay a sum of money to reflect the contributions that you would have paid had you not been excluded from the pension scheme. Calculation of this amount is the responsibility of the pension fund trustees and not for the tribunal. It is therefore not possible for the tribunal to say how much you will have to pay. (Please refer to Information Bulletin 8, specifically paragraphs 4,5 & 8 for further information)

22. What if I can't afford the contributions?

The employer is prepared to meet their obligation by paying back dated employer contributions. You are being asked for the amount of contributions based on what you would have made into any scheme. If you are unable to pay the amount being requested, you should liaise directly with the employer to see if any payment options can be offered.

23. If my claim succeeds, will my SERPS entitlement be affected?

Almost certainly. It is recommended that you seek a retirement forecast from the Pension Service. For further information please contact the Pensions Information Orderline on 0845 7 31 32 33, and not the Employment Tribunal, and ask for leaflet BMO1, Backdating membership of an occupational pension scheme: what this might mean for you. You can also access this booklet online at The Pension Service website. You may wish to seek professional advice on this matter.

24. If my claim succeeds, will my personal pension be affected?

Almost certainly. It is recommended that you seek professional advice on this matter.

25. What if I don't like the settlement?

The terms of the settlement have been negotiated between the parties and therefore these are based on an agreed calculation. The unions have made it clear that they will not represent any Applicant who chooses to appeal as outlined in Information Bulletin 8 , specifically paragraph 5.