IBM United Kingdom Holdings Ltd and another v Dalgleish and others

Pension – Pension scheme. In an earlier judgment, the claimant, IBM, was held to have breached its duty of good faith in respect of changes whereby it closed the defined benefit section of its final salary pension plan to future accrual for most employees, and it was held to be in breach of its contractual duty of trust and confidence concerning non-pensionable agreements, purportedly entered into by members in 2009, the Chancery Division made various rulings following the remedies hearing. Among other things, the court held that certain non-pensionable agreements were unenforceable and that early retirement members of the relevant pension schemes were, in principle, entitled to damages or equitable compensation from IBM as a result of the application of a new early retirement policy.

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