Perceived wisdom dictates that so-called “estoppel” claims don’t work in a pensions context. Recent cases – both High Court and Pensions Ombudsman – do at least suggest though that, as is often the case, it is worth challenging perceived wisdom now and then. (more…)
Archive for August, 2011
GMP equalisation has long been the ‘elephant in the room’. Whether guaranteed minimum pensions should be equal for men and women, when the State pension they replace is not, is an issue that has, for one reason or another, remained unresolved in the 20 years since the Barber decision. That, however, looks set to change. Following Angela Eagle’s announcement in January of last year, the DWP is expecting, probably this autumn, to publish new draft legislation on the issue of GMP equalisation.
When is a worker not a worker? Or perhaps more importantly, when is a contractor an employee so far as auto-enrolment into pension saving is concerned? It’s a question UK employers are going to have to get to grips with over the next few months: under the new auto-enrolment regime, they will be required to enrol all their qualifying workers (known as ‘eligible jobholders’) into pension saving meeting minimum quality standards, and make contributions on their behalf – but who exactly must be enrolled? In the modern employment environment, with casual and zero-hours staff, temporary and agency workers and independent contractors all playing a part in the flexible workforce, which workers have the right to be enrolled into a pension scheme? (more…)
Pension scheme trustees and pensions managers often ask us about the burning legal issues on the horizon that will need to be dealt with in the next quarter. Auto-enrolment, pensions tax, flexible drawdown and identifying your statutory employers seem to be the favourites. (more…)