Redundancy and pension

Vallonville

I have worked in the NHS for over 40 years (since 1970). In 2008 I stopped paying pension contributions but carried working. In 2013, due to the NHS Trust being closed down (PCT) I was TUPED across to another NHS organisation. I was told that taking my pension should not make any difference in case of redundancy.
After I year in post (2014), I was made redundant. I have been told that as I had taken my pension, the new organisation does not recognise my 44 years service and that my redundancy money was based on 1 year service. They quote the Agenda For Change rules and regulation.

Questions.
1. What was the purpose of a TUPE agreement ?
2. My old organisation had transferred a lump sum to mitigate any compensation due to a future redundancy situation - What has the new organisation done with this fund?
3. My case is being heard by the court soon

What do you think are my chances ?

getmore4less

When my OH took her pension(early) the trust insisted in a break in service of at least a month.

If your failed to do that they might have a problem.

There were also clauses in the pension that if you returned to work there was clawback if you earned too much so you could not go back full time(you could but would loose money).


it is not clear from the first part of your post if you just stopped paying contributions or took the pension.

Which NHS pension was this?
not sure if that makes a difference but the rules of each are different.


Edit: thinking back it was one of the consideration we made at the time, taking the pension would effect redundancy. but the trust make you have a break to remove any doubt.

getmore4less

Pension and redundancy information is on-line have you been through as many doccuments as you can find, especialy A$C if thats what they claim prevents the redundancy.

which clauses are they using for their defence?

getmore4less

I found this.....

http://www.nhsemployers.org/your-workforce/pay-and-reward/nhs-terms-and-conditions/nhs-terms-and-conditions-of-service-handbook/nhs-redundancy-arrangements#2

Exclusions - when reckonable service is not counted
Service counted previously in respect of a redundancy by an NHS employer.
Any previous employment for which an employee has received NHS pension benefits.
Loss of office payment.
MARS severance payment (which is offset against any subsequent redundancy payment).