Global enterprise signals global financial support direction

We've only just witnessed the Pensions Regulator's first contribution notice. Now we're looking at its second financial support direction (FSD) exercise (the last time it issued any FSDs was in 2008 in respect of two Sea Containers pension schemes).

The bark becomes a bite: first contribution notice issued

The Pensions Regulator has issued its first contribution notice (CN).

The Coalition Government's first Budget - high earners and pensions: an update

Mr Osborne delivered his first budget amid much speculation as to precisely what he would do with regard to various issues in the pensions arena, particularly the restriction of tax relief on pension contributions for "high earners".

£4.3 million compensation for an 'unfair' dismissal

The Court of Appeal decision in Edwards v Chesterfield Royal Hospital NHS Trust will be of particular concern for employers with contractual disciplinary and grievance procedures – most notably the NHS and other public sector employers.

The Equality Act 2010 – 10 things you need to know

The long awaited Equality Act 2010 received Royal Assent on 8 April 2010. The primary aim of the Act is to consolidate and harmonise the existing equality legislation. However, it will also introduce some significant new provisions.

High earners and pensions

High earners need to consider carefully their pension arrangements. This is because Mr Darling, when he was Chancellor of the Exchequer under the last administration, paved the way for the introduction of a new charge on pension contributions.

Workplace pension reform: the devil in the detail

From 2012 all employers will have to enrol all eligible workers into a pension scheme. For the first time employer contributions will be mandatory.

Contrasting approaches

The general election produced a hung Parliament, with the prospect of politicians having to work together despite contrasting policies.

Agency workers and pensions: there's no escaping 2012 Workplace Pension Reform!

The Agency Workers Regulations 2010 (the Regulations) are due to come into force in October 2011. This is the Government's way of achieving "flexisecurity" for agency workers.

Debt on employer evolves again

Following last Autumn's consultation on draft regulations which would prevent a Pensions Act 1995 section 75 debt being triggered in two new sets of circumstances, final regulations have been laid and are due to come into effect on 6 April.

Defined Contribution - focus on investment governance

Although nine years have passed since the Myners' Principles were first introduced, concerns remain about investment governance in pensions.

Employment Law 2009 review/2010 preview: Part 2

In Part 2 of our year review/preview we look forward to the anticipated judicial and legislative trends for employment law in 2010.

DB or not DB?

Many schemes will have had to consider issues such as amending scheme rules to manage final salary pension scheme liabilities and getting member consent to alter benefits, each of which was considered by the court in the IMG case.

Spotlight on DC governance - challenges ahead

The Pensions Regulator has been paying increased levels of attention to how DC schemes are governed. This, together with the trend for employers to provide DC vehicles for future service, means that the spotlight is now, firmly, on DC governance.

Spotlight on DC governance - the latest state of play

The Pensions Regulator has been paying increasing levels of attention to how defined contribution schemes are governed. This, together with the trend for employers to provide DC vehicles for future service, means that the spotlight is now on DC governance.

Employment Law 2009 review/2010 preview: Part 1

As in other aspects of life, the two great issues facing the world today, the credit crunch and climate change, are having a significant impact on employment law in 2009. Here, gentle reader, we pick out some of the need-to-know highlights.

Time to act!

The minimum age at which members may take their benefits is to increase from 50 to 55. Introduced by the Finance Act 2004, the changes will take effect on 6 April 2010.

Can trustees have an eye to the lifeboat?

In the Ilford case, the court was asked to determine whether, as a matter of principle, trustees could have regard to the availability of compensation under the Pension Protection Fund (PPF) when making their decisions.

A far-from-lazy summer

Hopes for a laid-back summer appear to have had no place in the pensions landscape.

Personal accounts and auto-enrolment - what does this mean for you? (Employment)

Employers, human resource managers and financial directors need to be ready for big changes (and big costs) in workplace pension provision due to arrive in 2012 as reforms, a decade in gestation, finally come to fruition.

Personal accounts and auto-enrolment - what does this mean for you? (Pensions)

Pension scheme trustees and managers need to be ready for big changes in workplace pension provision, due to arrive in 2012, as reforms a decade in gestation finally come to fruition.

Heyday challenge fails: UK default retirement age is legal .... for now

The High Court decided last Friday that it is lawful for employers to compulsorily retire employees at age 65. However, this may be a pyrrhic victory for the Government.

Unfair dismissal - pensions benefits are not unique says the Court of Appeal

A former employee immediately obtained a new job after being unfairly dismissed. As expected, the Tribunal did not award compensation for future loss of earnings. Unexpectedly, the EAT did agree that ongoing pension loss could nonetheless be considered.

Changes to pensions schemes: potential pitfalls for high earners

Where a company is looking at making a material change to the way in which benefits under its pension scheme are provided after 22 April 2009 or proposing to introduce a new arrangement there could be adverse tax consequences for high earning individuals.

Data protection in challenging times

It goes without saying that the current economic climate is presenting employers with numerous challenges. However, one issue that is often overlooked and increasing is the use of the Subject Access Request (SAR) contained in the Data Protection Act 1998.

Personal accounts - a pensions revolution

Employee pension enrolment and employer contributions are to be made compulsory as part of the Government's attempt to tackle the UK's looming demographic crisis.

The importance of being earnest (about keeping pension scheme records accurate and up-to-date)!

If ever you needed a reason to check the accuracy of your records, a case determined last month highlights why you should flick a duster around the back of the filing cabinet every now and then!

"Minimum interference": some relief at last for employers on the equalisation front?

Last week the Court of Appeal handed down its eagerly awaited decision in the Foster Wheeler case.

Deflation, revaluation and pension increases - can pensions be reduced?

For the first time in decades, the UK has had short periods where the retail prices index has been negative, causing deflation. Naturally, there is concern about whether this is a short-lived issue or the start of a sustained period of deflation.

A fresh look

Spring is a good time to clear out the clutter and take a fresh look at things. Pension schemes often benefit from a spring clean too, so Wragge & Co's Pensions team take a look at recent developments to identify those issues that could use a fresh look.

Budget 2009 - restricting tax relief for pension contributions - watch out just who it will catch

The Government has introduced a new measure to restrict tax relief for pension savers earning over £150,000 per year to the basic rate of tax of 20%. This has generated much publicity but just who could this affect?

Greater flexibility for trivial commutation and payments made in error

The long-awaited regulations dealing with trivial commutation and payments made in error have now come into force.

Material detriment stays materially the same

The Regulator has now published its response to the consultation paper regarding proposed changes to the moral hazard laws and anticipates the code of practice coming into effect this summer.

Long tail for Ombudsman complaints?

The Pensions Ombudsman and his Deputy have recently come to different conclusions on whether they will deal with complaints made after the usual limitation periods applied by the courts have expired.

More change on the way

Two new sets of regulations have been laid, making a mixed bag of amendments to pensions legislation. In the main, the changes are likely to be welcomed, although some opportunities have been missed, for example in relation to scheme investments.

Unfair dismissal - think twice before dismissing members of a final salary scheme

In a case in February, the Employment Appeal Tribunal confirmed that a tribunal is entitled to differentiate between a final salary pension scheme and a money purchase scheme when awarding compensation to an unfairly dismissed employee.

Don't lose your enhanced and primary protection - register by 5th April 2009

You may remember that we highlighted in our January alert 'a new year, some new deadlines' the deadline of 6 April 2009 for members who want to take advantage of the enhanced and primary protection regime.

The Heyday saga: back from Europe

The Heyday challenge to a state retirement age of 65 has now completed its European outing.

The Pensions Regulator's latest statement on scheme funding: revolution or evolution?

The Pensions Regulator has issued a follow-up statement to the one it issued last autumn on scheme funding in the current economic climate. The statement as reported in the press appeared to give grounds for serious concerns.

Wragge & Co endorses 'common sense' approach to people issues

Wragge & Co LLP's employment experts have joined calls for employers to be more innovative in managing people costs.

Acting, noting and watching

Pension schemes sit in the wider economic context so it's understandable that much attention is being placed on how they should respond to the current financial turmoil.

Reclaiming tax from the Netherlands

UK pension funds which received dividends from Dutch companies on or before 31 December 2006 can now reclaim tax that was withheld on those dividends by the Netherlands tax authorities - claims will be possible for tax withheld as far back as 2003.

Employees in Europe?

"Firing in France? Hiring in Germany? Moving to Ireland? Selling in Spain?

If you are doing any of these, you'll want to check out our new European Employment Checkpoint.

A new year, some new deadlines

We thought we'd take a look at some pensions deadlines coming up soon.

Employment law update October 2008

This month sees the return of our bi-monthly employment law alerts.

Heyday: why you're wrong to be relieved

The challenge to a state retirement age of 65 had fallen at the first hurdle; most of the coverage reported there was a long way to go but it was very much round one to the Government.

Redundancy, discrimination and industrial meltdown

It's tough out there. Redundancies are at the forefront of many employers' minds. Unfortunately tribunal decisions reveal that redundancy policies might well break age discrimination laws.

Back to school - an update on the latest pensions developments

The last few months have seen a number of developments in the pensions arena, so we have decided to outline some of the key changes in one document for your return from the summer break: Back to school!

Employment law in the EU - What you need to know

Employment law keeps, mostly, within national borders: people do not. Human Resource managers and in-house lawyers need to be aware of developments not just in the UK but in every country in which their people operate.

Maternity leave and pension contributions

Rules covering non-cash benefits will change this year for pregnant employees with a childbirth expectance week of 5 October 2008 or later.

Everyone is created equal (but some are more equal than others). Latest developments in discrimination law

The courts and tribunals have been busy as ever, delivering decisions in discrimination cases.

The Agency Workers deal: Is this "the right deal for Britain"?

The Government's agreement with the TUC (Trade Union Congress) and the CBI (Confederation of British Industry) for UK agency workers to receive equal treatment after 12 weeks has made headlines. Read Wragge & Co's expert analysis of situation.

Proposed increase in the pension regulator's anti-avoidance powers

On 14 April 2008, the Government announced plans to give increased anti-avoidance powers to the Pensions Regulator. Read Wragge & Co's analysis of the Government proposals.

Employers ceasing to participate in an underfunded multi-employer DB scheme: new employer debt requirements

On 6 April 2008 new regulations published by the Department for Work and Pensions on employer debt come into force. Wragge & Co's expert analysis explains all.

Employment Law Update - September 2007

Having difficult conversations - how can you be sure what you say won't come back to haunt you?

Employment Law Update June 2006

Smoke-free workplaces

Is your share sale safe from TUPE?

Employment Law Update

Employment Tribunal Compensation Limits 02/06 - 02/07

Age discrimination: yet more changes!

Age discrimination: pensions aspects take two!

1 October 2006 employment legislative changes quick guide

18 months of learning: The dispute resolution procedures

Pensions Act 2004: could you be a cross-border scheme?

Scheme funding: Code of practice and regulations

New scheme funding requirements came into force with effect from 30 December 2005. These requirements apply retrospectively to any scheme valuation with an effective date later than 22 September 2005 and signed off after 30 December 2005.

Scheme funding: how the Regulator will regulate defined benefit funding

Age discrimination and occupational pensions - a carve-out by elimination?

Age discrimination to be unlawful subject to 'specific aims' objective justification

Pensions Act 2004: the changing relationship between employer and trustees

'Notifiable events' The Pensions Act 2004

Amendments to the Working Time Regulations 1998

Simplicity security and choice: working and saving for retirement

Are you discriminating against men? Rutherford v Towncircle Limited and DTI

Amendments to Parental Leave Regulations Bring Changes for Parents