This is the response from Matt Harris to the letter from Alan.
Dear Alan,
Further to your email dated 04 June 2023, I would refer you back to Hewlett-Packard Limited’s (“HPE UK”) previous correspondence on this matter (by way of example only, see our attached letters/emails dated 04 Aug 2022, 21 July 2021 and 23 March 2020). Despite your statements otherwise, on the contrary, over the years HPE UK has explained & clarified its position on a number of occasions.
To again reiterate, HPE UK complies with all of its legal obligations regarding all of our Pensions; this includes conducting appropriate and proper annual reviews in respect of discretionary increases; a process that includes HPE UK considering numerous ‘factors’ (which vary from time to time and cannot be shared with you due to the confidential nature of that information) and meeting with the Trustees to enable them to make representations on behalf of the Pensioner members. HPE UK’s operation and discharge of its duties is a matter that has also been considered by the Pension Ombudsman who, as you are aware, has confirmed that HPE UK is properly fulfilling all of its obligations in this regard; this position was also confirmed by the Government in the UK Parliament in March 2017 (see https://commonslibrary.parliament.uk/research-briefings/cdp-2017-0016/).
In addition to the above, and as we understand the HPPA may be aware, most recently there has been an allegation made by a Member of the Plan and a claim issued in the Employment Tribunal arguing that the process HPE UK follows and/or its decision making (specifically not to grant discretionary increases) amounts to ‘age discrimination’. This claim was dismissed by the Tribunal on 01 June 2023, who confirmed HPE UK’s actions did not amount to ‘age discrimination’.
Where HPE UK determines it appropriate to grant and provide a discretionary increase we will do so, as evidenced most recently by the discretionary increase that took effect from April 2022. However, I also repeat (please refer to Marc Waters email dated 21 July 2021) that HPE UK is keenly aware that our decision affects our pensioners as individuals, much as other difficult business decisions we make impact current HPE employees. These are all difficult decisions for a company like HPE that is operating in a very competitive industry. Therefore, whilst continuing to meet all of our legal obligations, we must also make appropriate business decisions in this and other areas to operate a sustainable business in the UK.
In view of the above, we therefore again reiterate that HPE UK rejects any suggestion that it is acting in an unlawful, discriminatory and/or unethical manner. Furthermore, noting your recent criticism of the Trustees, we take this opportunity to state that as far as HPE UK is concerned the Trustees are acting appropriately in relation to this matter.
We are also aware that the HPPA may be considering publicising its grievances regarding this issue. As previously advised (see our letter of 23 March 2020) this of course is entirely a decision for the HPPA, but we again urge caution to ensure that any information relating to this issue is not misreported (be that by the Press or otherwise) and/or any action you may take remains lawful.
Finally, I would like to again reassure you that HPE UK will continue to act in good faith and to give this matter due and appropriate consideration as part of the annual review process.
Yours sincerely
Matt