Unfair Dismissal of Employee-Trustee

Key Points

  • The trustees of an occupational pension scheme may also be employed by the scheme’s sponsoring employer. These “employee-trustees” have certain specific employment law rights.
  • Where an employee-trustee is dismissed by his employer for performing (or proposing to perform) any of his functions as a trustee, or is selected for redundancy when similar non-trustee employees are not, this will be treated as automatically unfair under the ERA 1996.
  • This is also the case for employee-trustees who are dismissed whilst acting as “consulted representatives” within the 2006 Consultation Regulations.
  • There are additional provisions in place to provide employee-trustees with the right not to be subjected to any detriment and the right to paid time off work. 
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