Also, as the majority of part-time workers have tended to be women, for claims to be successful sex discrimination must also be established as the reason for the exclusion from a pension scheme. There are likely to be many cases where employment tribunals estimates will be used. It is possible that fixed lump sum settlements will be made to save the employers the cost of defending cases through the tribunal process. But this will not be appropriate for every claim, and employers will still face administrative hurdles in determining which cases are appropriate for retrospective membership. Where they can prove an offer of membership was made to the part-timer concerned, but not taken up, the claim could be invalidated.
Few employers are likely to be able to trace the relevant paperwork.
Businesses facing large numbers of claims may have to recruit additional administrative staff to cope. Backdating membership is also more complicated than may have been initially anticipated. Complex calculations are likely to be required on levels of tax reliefs for periods of backdated membership. Contracted-out benefits will also be problematic to work out, particularly where a scheme or members have been contracted in for the period in question. The question of interest on contributions has also to be resolved.