From 6 April 2020, the practice direction that governs statements of truth for witness statements and statements of case is changing.
The Government has been refused permission to appeal a decision ruling that transitional arrangements in public sector pension schemes are discriminatory.
This could add £4 billion to public sector pension scheme liabilities and result in further contribution rate rises, as well as the possibility of scheme re-design and trade union opposition.
The Government must feel like the gods are conspiring against them right now! As if Brexit and a leadership contest were not enough, the Supreme Court has refused permission to appeal the outcome of the McCloud case. When the public-sector schemes moved from providing benefits based on final salary to benefits based on career-average earnings, transitional arrangements were put in place to protect workers closer to retirement, and therefore with less time to make alternative arrangements. The Court of Appeal decided in the McCloud case that the transitional arrangements for judges and firefighters were indirectly discriminatory against younger employees, as well as on the grounds of sex and race.
This decision now stands, and so the pension schemes will have to honour the transition measures for all members. This decision will also impact the other public-sector schemes. It is estimated that the Local Government Pension Schemes’ liabilities will increase by 1%, and other unfunded public-sector schemes maybe more, as they must honour improved pension provision.
The Supreme Court’s decision has not come as a huge shock as the Government was anticipating this direction of travel, and so in January announced that it would be pausing the cost cap mechanism in the absence of any certainty as to pension costs and funding. The Government has said that it is impossible to assess the value of the current pension arrangements until there is more certainty and the results of the schemes’ four-yearly valuation are received.
We bring rather pessimistic advice to the end of this article. In light of this decision, employers can expect to see a rise in pension costs and should start the budgeting process so as to prepare for this scenario! Depending on the flavour of government over the next few years, we may also see further steps taken to re-design the public-sector schemes to make them more affordable. This, in turn, is likely to provoke opposition from trade unions, which, if the last round of changes is anything to go by, could lead to strikes affecting employers participating in the public-sector schemes.
If you would like further information on this briefing, or for any pension enquiries, please contact Doug Mullen.
At Anthony Collins Solicitors, we realise it is a challenging time for churches who will be supporting members of their church and its community.
The Government has published Guidance for landlords undertaking right to rent checks during the Coronavirus (covid-19) pandemic.
The Coronavirus Act does not change the need to comply with the Mental Capacity Act (MCA) or the Deprivation of Liberty Safeguards (DoLS) regime.
During the Coronavirus outbreak, the health and safety of employees and members of the public are paramount.
The Civil Courts have now released a list of their priorities for housing enforcement work.
Following a fortnight of announcements and proposed legislation regarding employment and furlough, here's our latest update.
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 will apply to all new specified tenancies from 1 July 2020 and all existing tenancies from 1 April 2021.
We've been producing ebriefings and advice about covid-19 where we can, and we've issued a lot this week. If you've missed any, we've compiled them here.
Late last night (26 March) the Ministry of Housing, Communities and Local Government (MHCLG) issued a guidance note regarding Court Service.
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