TMG has been ordered by the pensions ombudsman to allow former employee and NUJ member Glyn Roberts into the plan, backdated from 2001 until he left the company in May 2008.
According to a report today by the National Union of Journalists, it was ten years ago when Roberts wrote to the night editor of the Sunday Telegraph to ask for the same pay, pension, sick pay and holiday rights as full-time staff members. Roberts' request followed the introduction of new rules governing the minimum number of hours which must be worked per week to be eligible for the scheme.
But the Telegraph claimed he was a casual worker and not eligible for these rights, and a dispute ensued.
This led to an employment tribunal in May 2006 which ruled that: "Mr Roberts was, from the inception of the engagement in January 1997 a part-time employee of the Respondent".
He again tried to apply for membership of the Telegraph Staff Pension Plan but the media group said it continued to regard him as a casual worker, rather than a permanent member of staff, for the purposes of the scheme.
With financial backing from the NUJ Roberts took the case to the pensions ombudsman, who ordered the group regard his employment from 2001 to 2008 as eligible for the plan.
"The Telegraph says that, despite the Employment Tribunal finding, it properly continued to regard Mr Roberts as a casual worker. I have no doubt that the wording gives the Telegraph some discretion. But their conclusion as to who is a casual worker for the purposes of the Scheme has to be consistent with the facts and consistent with the treatment of that person for other purposes," says the ombudsman decision.
The ombudsman has also ruled that Roberts' was not free to work or not as he chose, as the Telegraph had claimed, finding that there was an implied term of the agreement between the two parties that he would work regularly every saturday, and would be subject to the statutory minimum notice period for terminating his employment.
"I'm delighted at this ruling", Roberts told the NUJ. "It is a just decision, as I worked for many years for the Sunday Telegraph as a regular employee, and saw no reason why the company should exclude me from its pension plan while other employees were allowed to join.
"I am extremely grateful to the NUJ, who funded the legal challenge, and to Thompsons solicitors and our barrister in the case, Michael Ford.
"I could never have won this case without the union's backing, and I hope the result can be of benefit to other people who work regularly for companies but are denied equal rights."
Barry Fitzpatrick, head of publishing at the NUJ added that the union hopes the ruling can now be applied to other journalists.
"The ombudsman decision is a step forward for workers who should be entitled to a pension. We hope that the ruling will be applicable to other journalists and we want Glyn's determination to benefit others."
The Telegraph axed its casual workers in July 2008 and put all its full-time journalists on a '10 day fortnight' shift pattern.
The newspaper has not yet responded to a request for comment.
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