Sunday, 26 May 2013

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Ruling protects pensions

A HIGH Court ruling this week protects the pensions of former BNFL/UKAEA workers moving on to other companies in the industry.

The landmark decision rules that for them the pension protection provided by the Energy Act 2004 is of “an enduring nature” and cannot by amended by new employers.

The ruling, though made against fuel company Urenco, effectively protects the benefits and contribution levels of 13,000 workers across 23 UK sites in at least nine companies in the Nuclear Decommissioning Authority.

Under the judgement, the NDA, who own many of the nuclear sites including Sellafield, will be required to ensure that the pensions of protected pensions formerly in BNFL and UKAEA are “given enduring protection by new employers in all past and future sales and purchase documents”.

Mr Justice Warren described this “as an onerous obligation” requiring careful scrutiny in all affected transfers.

Staff union Prospect brought the High Court test case against Urenco, who now run the main part of the former BNFL uranium enrichment site at Capenhurst, Cheshire.

In West Cumbria, staff employed by Sellafield Ltd, Babcock International, the Low Level Waste Repository, Drigg and the National Nuclear Laboratory, will all be protected.

Prospect National secretary Mike Graham said: “This ruling is a victory for our members, for their pension rights and above all for fair play.”

Sellafield Prospect official Peter Clements said: “It’s good news, especially as about 50 of our staff are about to transfer to Urenco at Capenhurst.”

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