Need Advice on Pension / Gross Misconduct

**Paperboy01** · 15th December 2008 16:55

Hi

If anybody can help I would be very greatful. I'm trying to find out what happens to your pension if you are dismissed icon

for Gross Misconduct. Do I lose 15 years of pension or are they protected?

Thank you for your time

Paperboy !:-|

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**Sidewinder** · 15th December 2008 20:45

As far as I know the fund would be frozen at the date on which you leave, but I suppose that this could also depend on whether the pension was contributory or entirely paid by the employer, the type of scheme (final salary, index-linked etc). I know it used to be the case that you could lose everything but I am sure that the rules have now changed.

**elche** · 15th December 2008 22:52

Originally Posted by Paperboy01

Do I lose 15 years of pension or are they protected?

I must admit Pensions are not my speciality - and I honestly don't know the answer.

What I can say is the impact GM has on your COE stems from the common law rules re repudiation of contract and thus the innocent party (in this case the employer) can, in the face of your repudiation, summarily dismiss you.

Whilst in such a situation you could lose your right to notice pay (as this 'flowed' from the contract) you repudiated, I have never heard anyone comment on its affect on pension rights.

Logically if your right to a pension also 'flowed' from the contract I suppose in theory it could be affected BUT that would seem very unfair.

I must admit i'm really not sure on this one.

I hope this has helped somewhat, sorry i can't be more help. I'll be waiting for the relevant answer also!

Che

**flyingdoc** · 15th December 2008 22:59

My understanding (based on a whole lot less years than Che in personnel) is that any monies in the fund are frozen until you reach the requisite age to claim pension and then a pro-rata pension is paid.

I would however contact someone who specialises in this area for advice so if necessary you can take steps to protect your pension rights under these circumstances.

**Sidewinder** · 16th December 2008 00:18

It is the subject of a certain amount of debate at the mo following the 'Baby P' case whereby the Head of Childrens' Services was dismissed icon

but has retained her reported £1.5m pension pot. It is my understanding that what is already in the fund has already been 'earned' so cannot be taken back despite the public outcry.

**Paperboy01** · 16th December 2008 09:11

A big thank you people, thats helped alot

Take Care

Need Advice on Pension / Gross Misconduct

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