June 2016

The Society’s committees have been working on a number of Scottish Parliament and UK Parliament Bills and consultations including the Scottish Law Commission discussion paper on prescription, proposals for a British Bill of Rights and compensation for the loss of pension rights in Employment Tribunals.

Key areas are highlighted below. For more information see the law reform section of the website: www.lawscot.org.uk/law-reform

Pensions Law

The Pensions Law Committee has responded to a consultation paper from a Working Group of Employment Judges to review the 2003 booklet ‘Compensation for Loss of Pension Rights: Employment Tribunals’ in order to reflect recent changes in pension law and practice.

We agree with a number of the proposals in the paper. However, the working group has proposed that the tribunal operates a default assumption that claimants will retire at state pension age. We expect that in a large number of cases there will be a high chance that employees will have left employment before state pension age for a reason other than dismissal/redundancy and therefore, it would be useful to understand what type of evidence would be required in order to depart from the proposed default position.

We’ve also warned that the guidance needs to be clear on the distinction between “complex” and “simple” cases. Guidance will be needed as to when the complex approach will apply over the simple approach and on the factors which will determine which approach should apply.

The full consultation response is available to read on the website