Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. 15th December 2008 17:55 #1
    Paperboy01 Paperboy01 is offline
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    Question Need Advice on Pension / Gross Misconduct

    Hi

    If anybody can help I would be very greatful. I'm trying to find out what happens to your pension if you are dismissedicon for Gross Misconduct. Do I lose 15 years of pension or are they protected?

    Thank you for your time

    Paperboy !:-|

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  2. 15th December 2008 21:45 #2
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    Default Re: Need Advice on Pension / Gross Misconduct

    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.

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  3. 15th December 2008 23:52 #3
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    Default Re: Need Advice on Pension / Gross Misconduct

    Quote Originally Posted by Paperboy01 View Post
    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

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  4. 15th December 2008 23:59 #4
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    Default Re: Need Advice on Pension / Gross Misconduct

    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.

    Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

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    thanks

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  5. 16th December 2008 01:18 #5
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    Default Re: Need Advice on Pension / Gross Misconduct

    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 dismissedicon 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.

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  6. 16th December 2008 10:11 #6
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    Default Re: Need Advice on Pension / Gross Misconduct

    A big thank you people, thats helped alot

    Take Care

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