215. I have not gone as far as Dr Marks would wish in exploring whether his former employer has honoured the bargain he says was struck when he exchanged his skills for a prospective pension or with whether IBM has continued to compare favourably with other employers. This is because I see no legally enforceable promise in either context.

This will send a chill through all those who want pension promises upheld.

Here the Ombudsman says that he does not need to investigate the certainty of the bargain or the size of the gap between the "leading companies" aim and the pension delivered because irrespective of the gap and its certainty and the reasons for nondelivery there was no possibility of legal redress for the complainant. How is this different from saying "a company can do or say whatever it likes when it wants to recruit, retain or retire employees and then do something different subsequently"?