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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 12179
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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The company I work acquired approx. 2.5 years ago by

Customer Question

The company I work for was acquired approx. 2.5 years ago by a U.S. Corporation, our contractual T&C's were protected under TUPE rules.
This included a requirement for them to pay an, extremely generous, 14% of pensionable salary into a privately held SIPP.
The Company has accepted that the 14% figure is contractual but are now trying to force me to have it paid via their "pension portal" into the company's DC scheme provider which a) has very limited investment choice and b) much higher administration costs.
My question is - would it be a breach of contract if this change was forced?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
What is the reason they wish to change this?
Customer: replied 2 years ago.
Hello Jenny,
The reason given is that the current arrangement is "unmanageable" for them due mainly to the fact that the SIPP provider only accepts regular payment by direct debit and that catch up payments following salary changes and for bonuses have to be paid by cheque. A letter / forms have to be sent to the SIPP provider to adjust the direct debit following salary adjustments.
So, it's primarily the cost of administration they are complaining about.
I should perhaps add that there are a total of 23 people in the same situation as me, each with differing arrangements. The total workforce size is around 400.
Best regards,
Expert:  taratill replied 2 years ago.
Hi let me have a look at this and I'll get back to you shortly with an answer.