Unions issue writ over lost pension rights and broken promises

Rupert Jones
Monday November 3, 2003
The Guardian

Two trade unions are today launching legal action against the government
over a row involving hundreds of steelworkers who face having their
promised pension entitlement snatched away.

Amicus and steelworkers' union ISTC are to serve a writ on the government
over what they claim was its "failure to protect workers' pensions".

The unions said this would begin a process that would see the government
being taken to the European court of justice.

The dispute concerns defunct steel company ASW - the most notable example
of a firm that has gone bust, jeopardising the pensions of hundreds of
employees.

The plight of workers at ASW and other firms prompted ministers recently
to announce plans for a pensions protection fund to provide a safety net
for workers hit by the double blow of their company going bust and too
little money in the pot to pay promised benefits.

But the new rules will not be applied retrospectively, so they will not
help the thousands of workers who have already lost out on pensions and
benefits.

ASW went into receivership last year and most of the 1,000-plus staff at
its plants in Cardiff and Sheerness, Kent, have been made redundant.
Workers seem likely to receive a maximum of 40-45% of their pension
entitlement.

The unions claim ministers failed to introduce adequate protection for
workers' pensions in the event of their employers going bust, as required
under the 1980 European insolvency directive.

Michael Leahy, the general secretary of the ISTC, Paul Talbot, the
assistant general secretary of Amicus, and former ASW workers were today
due to deliver a "letter of intent" to pensions minister Malcolm Wicks at
the Department for Work and Pensions in Whitehall.

The case is likely to be heard in the high court early in 2004, when
counsel for the unions will request it be transferred to the European
court for a hearing at the earliest possible date, said a spokesman.

The Department for Work and Pensions said the unions had wanted the
department "to come back to them at a set time". A spokesman added: "We
are still looking at the proposals put forward to us."



====================================
To this day, no one has come up with a set of rules for
originality. There aren't any. [Les Paul]

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