Can I sue for being sacked because of my role in the company pension scheme?

The situation

I am writing to seek some guidance regarding my situation here in England. I have been working for a medium-sized manufacturing firm for about six years, and for the last two years, I have also served as a trustee for our company's occupational pension scheme. This was a role I took on to ensure my colleagues' interests were protected. However, everything changed last Tuesday, the 14th of May. During a sudden meeting with my manager, I was told that my employment was being terminated with immediate effect. The reason given was that the company wanted to 'restructure the leadership' and felt my involvement in the pension trust was creating a conflict of interest with my daily duties. I have already tried speaking to our HR department to explain that my trustee duties are separate from my production role, but they were very dismissive and insisted the decision is final. I haven't received any formal redundancy pay or notice period compensation yet, just a letter stating I am being let go. I am quite worried about my future and my pension rights. Is it actually legal for them to fire me just because I am performing my duties as a pension scheme trustee?

Detailed Analysis

Based on the facts you provided, your dismissal on 14th May appears to conflict with your rights under the Employment Rights Act 1996. The company stated they wanted to 'restructure the leadership' because your trustee role created a 'conflict of interest.'

Under the law, an employee is considered unfairly dismissed if the principal reason for their dismissal is related to their role in a pension scheme. Specifically, a dismissal is regarded as unfair if the reason is "that, being a trustee of a relevant occupational pension scheme which relates to his employment, the employee performed (or proposed to perform) any functions as such a trustee"^[1]. This means that if the company's decision to terminate your employment was driven by your actions or responsibilities as a trustee, the dismissal is legally unfair.

Furthermore, you have a right to perform your duties without being treated poorly by your employer. The law states that "An employee has the right not to be subjected to any detriment by any act... on the ground that, being a trustee of a relevant occupational pension scheme... the employee performed (or proposed to perform) any functions as such a trustee"^[2]. While this section usually covers smaller issues like being passed over for promotion, it does not apply if the 'detriment' is actually a dismissal, which is handled by the unfair dismissal rules mentioned above.

Additionally, your employer is required to let you take time off for these duties. The law requires that an employer "shall permit an employee of his who is a trustee of the scheme to take time off during the employee’s working hours for the purpose of— a performing any of his duties as such a trustee, or b undergoing training relevant to the performance of those duties"^[3].

It is uncertain whether the company's claim of 'restructuring' is a genuine business reason or merely a cover for the real reason: your trustee role. If the 'restructuring' was a pretext to remove you because of your pension duties, your claim for unfair dismissal is strengthened.

Statutory Citations

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