The court considered the distinction between a power in relation to which the duty of the employer was limited to a duty of good faith and a power in respect of which the employer was a fiduciary and which was to be exercised solely in the interests of the objects of the power.
Judges:
Vinelott J
Citations:
[1994] ICR 537, [1995] 1 All ER 912
Jurisdiction:
England and Wales
Cited by:
Disapproved – National Grid Co Plc v Mayes and Others; International Power Plc (Formerly National Power Plc) v Healy and Others HL 7-Jun-2001
The release by the trustees of a sum due to the pension scheme from the employers, did not make funds payable to the employer, so as to trigger the clause within the scheme trust deed which would restrain such a payment. Where an actuarial surplus . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 16 May 2022; Ref: scu.191149