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Generative AI: A global guide to key IP considerations
Artificial intelligence (AI) raises many intellectual property (IP) issues.
United Kingdom | Publication | June 2024
Mr R was an employee of AstraZeneca PLC and a member of the employer’s pension scheme when the employer announced proposed scheme changes in 2010, giving members two options:
The employer’s guide for members on the changes stated that “early retirement terms may be less favourable for deferred members than employee members, if they leave in certain circumstances” which included an employee leaving service of their own choice or at the employer’s request (e.g. redundancy).
Later in 2010 in a letter to deferred members, AstraZeneca agreed to extend the early retirement terms to include redundancy from employment with AstraZeneca. No assurances were given in relation to TUPE transfers.
Mr R chose to become a deferred member. In 2016, his employment was transferred to Avara under TUPE and he was told that an unreduced early retirement pension he had sought was not available to him. The rules of the scheme required the member to have left service at the request of his employer.
The Ombudsman considered two questions:
While “leaving service at the request of the employer” was open to interpretation, there was a 2003 Court of Appeal precedent. In AGCO Limited v Massey Ferguson Works Pension Trust it was held that the phrase meant that the employer has asked the employee to leave service and the employee had the right to refuse the request. The TUPE transfer did not give Mr R the choice to remain in service with AstraZeneca, and therefore the scheme rules did not allow him to receive an unreduced early retirement pension.
As Mr R left employment as a result of the operation of law under TUPE, rather than as a result of a “request” from his employer, the Ombudsman determined that his application should not succeed.
The Ombudsman’s determination can be read here.
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Artificial intelligence (AI) raises many intellectual property (IP) issues.
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The UK remains a world leader in offshore wind, accounting for roughly 20 percent of global offshore wind capacity, with 11.3 GW operational. It is forecast that installed capacity will rise to 19.5 GW by mid 2020s.
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On 21 May 2024, the European Council (or Council) adopted the so-called ‘Hydrogen and decarbonised gas market package’ (the Gas Package). The package contains a recast of the 715/2009 gas regulation (Gas Regulation) and a recast of the 2009/73 gas directive (Gas Directive) aimed at reforming the existing EU regulatory framework to support the deployment of renewable and low-carbon gases, in particular hydrogen. As such, it represents a major development in the EU gas market.
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