Employment

New employment legislation has created a complex and demanding workplace. Getting the law right is, however, only part of the answer and we provide focused, commercial and timely advice, to clients of all sizes across a wide range of industries.

This includes day-to-day advice on personnel issues, as well as strategic advice on complying with legislation, avoiding disputes and assistance with transactions, reorganisations and outsourcing.  We provide clients with bespoke training through regular seminars and employment briefings.

Responding rapidly to urgent matters as required, we help our clients to convert HR problems into business opportunities. As experienced litigators, we advise on cases in UK employment tribunals, before the High Court and in the county courts.

Our work includes:

• drafting and implementation of disciplinary and grievance procedures;
• individual and collective redundancies and complex restructurings;
• equal opportunities legislation and practice;
• drafting documentation covering all aspects of the employment relationship;
• data protection and confidentiality issues;
• advising on consultancy agreements and arrangements;
• claims involving wrongful and unfair dismissal, discrimination, harassment and victimisation;
• enforceability of restrictive covenants, including the use of injunctions and pursuit of claims in the High Court;
• whistleblowing claims raised under the Public Interest Disclosure Act 1988;
• industrial disputes involving trade unions, collective bargaining units and European Works Councils;
• TUPE implications of business and asset transfers and outsourcings; and 
• employee incentive schemes including share options and complex bonus arrangements.

Pensions

Pensions provision in the UK has steadily risen up the corporate agenda over the last decade. A combination of increased life expectancy, low interest rates and lower investment returns have left many defined benefit schemes with deficits which, due to the introduction of FRS17, are recognised on sponsoring employers balance sheets.  The Pensions Act 2004 has changed the relationship between employers and trustees and increased the regulatory burden on both. The introduction of Personal Accounts in 2012 will also leave employers with decisions to make about future pension provision.

The pensions team advises on contentious and non-contentious pensions matters for employers, trustees and pensions professionals.  We can draw on experience from financial services, employment, banking and insolvency to provide full ranging advice in relation to pensions.  Our expertise in corporate insurance means we are also ideally placed to advise employers and trustees on the issues they face from insurance “buy-ins” or “buy-outs”. 

We advise on a wide range of matters, including:

• drafting scheme documentation;
• advising trustees or employers on scheme amendments, including the requirements to consult with members and the requirements of section 67 of the Pensions Act 1995. In particular, we have been advising employers on the cessation of ending final salary accrual and the introduction of member contributions;
• advising on discrimination issues, notably age and sex discrimination; and 
  • advising trustees on the steps to be taken to assess the employer covenant;
  • advising trustees on the negotiation of a recovery plan, including the feasibility of seeking a financial support direction from the Pensions Regulator; and 
  • advising on the duty to report notifiable events and breaches of law to the Pensions Regulator.
• advising an employer on a £60 million buy-out of pension liabilities with one of the new insurance providers in this area;
• advising trustees and corporate clients on pensions issues in mergers and acquisitions, such as the triggering of section 75 debts and the need to seek clearance from the Pensions Regulator;
• data protection implications of scheme administration being outsourced overseas; 
• negotiating investment management, custody and stock lending agreements; and 
• advising employers in respect of salary sacrifice arrangements.

As a leading litigation practice, we have extensive experience advising on pensions disputes, acting for employers, trustees, representative beneficiaries and pensions professionals. Our experience includes:

• complaints to the Pensions Ombudsman, PIA Ombudsman and Financial Ombudsman Service and regulators and on appeal to the High Court;
• disputes concerning Barber equalisation and the interpretation of pension revaluation provisions;
• applications for Hastings-Bass relief/rectification of scheme trust deeds and rules;
• advising pension trustees and administrators on potential claims to recover benefits which have been overpaid in error; and 
• managing and advising on contested proceedings seeking court approval for the restructuring of pension funds.

In addition, we are experienced in defending actuaries, investment consultants, solicitors and fund managers against negligence claims relating to pensions.  We are also ideally placed to advise on disciplinary proceedings against professionals in the pensions field.  We have unrivalled expertise in defending professionals against disciplinary charges generally, a sound understanding of actuarial guidance and professional obligations, and we are highly experienced at managing the difficulties which often arise where related civil and disciplinary proceedings are on foot at the same time.