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Global Employment Law: The “Great Resignation”: A Global Risk? Transforming Workplace – #1

With the global change in the way we work seen as a key element of the new “business as usual”, our Transforming Workplace global series examines the global perspectives of the opportunities, challenges and risks of this new transforming workplace. In the first in this series  we examine the concept of the “Great Resignation”. The … Continue reading

UK Pensions | Rethinking Notifiable Events

Given that April 6, 2022 was the date set out in the new draft notifiable events regulations it seems distinctly odd that there has been complete silence since the consultation closed last October. I am hoping the silence is down to legislators having a long hard think about whether the drafting is fit for purpose … Continue reading

Steps for Employers after the ending of COVID-19 restrictions

On 21 February 2022, the UK Government announced its plan to end remaining COVID-19 restrictions in England.  These include, from 24 February, the removal of the legal requirement to self-isolate following a positive test;  and the requirement to wear face-coverings in public spaces and on public transport; and, from 1 April, the withdrawal of free … Continue reading

All Change for Right to Work Checks

The Home Office has released updated guidance on right to work checks, to reflect changes which are due to come into effect, from 6 April 2022. Rights to work checks From 6 April, employers will no longer be able to carry out manual right to work checks for employees/candidates who are biometric card holders.  Instead … Continue reading

UK Pensions: Maximising your chances of recovering accidental overpayments: the state of play

2021 saw a number of Pensions Ombudsman decisions on reclaiming overpaid benefits.  The direction of travel was decidedly member-friendly.  I’m left wondering what schemes can do to improve the odds of being able to recover excess payments. What can stop a scheme from reclaiming overpayments? If benefits are overpaid, the starting point is that trustees … Continue reading

UK Pensions: The road to compliance is paved with good intentions… and practical problems

I read with interest the blog post by Nicola Parish, TPR’s Executive Director of Frontline Regulation, on December 8, 2021, where she warned trustees of DB schemes to be vigilant in the current economic climate. Nicola emphasised the need for strong, open relationships with employers and I think she is spot on with that comment.  … Continue reading

Practical Tips for Managing Immigration Matters in the Cycle of a Corporate Transaction

Corporate transactions can uncover a number of immigration considerations, particularly if the buyer, seller, or target company, or any entity involved in the transaction, has a sponsor licence. Even without the complexities of a sponsor licence and the duties of the company, immigration issues can arise relating to the prevention of illegal working.  Quite often … Continue reading

UK Pensions: Should the Pensions Regulator provide clearer guidance on when it might use its new enforcement powers?

It was great to attend “in person” the Association of Pension Lawyers annual conference in Brighton last week. A speaker suggested it would be helpful if the Pensions Regulator were to provide clearer guidance on when it might use its new enforcement powers, in particular by giving more specific examples and thresholds. I can see … Continue reading

UK Pensions: Transfer processes – urgent action required before November 30, 2021, deadline

The DWP has now finalised its new rules about statutory pensions transfers. The new rules place statutory obligations on trustees to examine most transfers in greater detail and give trustees significantly greater scope to say no to a member request to transfer their pension to another pension scheme.  This is if they decide that certain … Continue reading

The right of substitution in worker status cases.

The UK Court of Appeal has delivered its judgement in another case looking at the issue of employment status regarding those working in the gig economy. In the UK there are three levels of employment status: Self-employed, worker and employee.  Determining employment status is important for understanding the employment rights to which an individual is … Continue reading

UK Pensions: Minimum pension ages: a lost opportunity to encourage small DC pension arrangements into consolidation?

HM Treasury has just swept in with a change to the pension tax rules taking effect from midnight on November 3, 2021) which has closed down a little wheeze which was making some defined contribution master trusts even more attractive than usual. It’s disappointing even if it does put us back where we all originally … Continue reading

UK Government Consultation on Flexible Working

On 23 September 2021, the UK Government launched a consultation on flexible working arrangements.  The consultation considers reforms to the existing flexible working regulations and is seeking views on proposals to ensure that the framework supports flexible working in all its forms. The consultation considers five areas for review: Making the right to request flexible … Continue reading

UK Pensions: SIPs for small schemes: law-making through the back door?

Last week’s interim consultation response from the Pensions Regulator addressed a common concern about the “Funding and Investment” section of the draft single Code of Practice: it confirmed that it would drop its proposal for a 20% cap on unregulated investments. This is a point that we are aware had been troubling some larger pension … Continue reading

New Immigration Routes in New Innovation Strategy

On 22 July, the UK Government published a UK Innovation Strategy which sets out the government’s vision to make the UK a global hub for innovation by 2035.  As part of this strategy, the UK intends to make the UK the most exciting place for innovation and talent.  This means introducing new visa routes and … Continue reading

UK Pensions: What’s TPR’s policy on policies?

One thing that jumps out at you the more you read the Pensions Regulator’s draft single Code of Practice is that trustees are expected to have a LOT of policies. We can see the logic: to have an effective system of governance, proper processes need to be in place and trustees will need to think … Continue reading

UK Pensions: Don’t ‘do’ pensions? Think again…

The Pensions Regulator has had a busy lockdown. While some details of its new enforcement powers under the Pension Schemes Act 2021 remain to be finalised, the need to consider the implications of those changes when conducting a wide spectrum of corporate transactions is clear. Merger and acquisition dealmakers, board members and others should be … Continue reading
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