Volunteers are often the bedrock of charitable organisations, but they are not protected from sexual harassment within those organisations.
This should save employers who receive staff transfers significant time and cost in setting up broadly comparable pension arrangements.
Currently, employees can remain in the Local Government Pension scheme by the new employer becoming an admitted body. Not-for-profit employers can obtain direction status in the NHS Pension Scheme as an alternative to providing a broadly comparable scheme. Similarly, teaching staff may be able to remain in the Teachers Pension Scheme. However, these arrangements are not always possible to secure and staff in the Civil Service Pensions Schemes currently cannot remain in this scheme after transfer. New employers may therefore need to offer broadly comparable final salary pension schemes which can be costly to set up.
Chief Secretary to the Treasury, Danny Alexander, has confirmed that legislation will be put before Parliament which will set out arrangements to “replace the current broad comparability and bulk transfer approach under fair deal”. He confirmed the government’s intention to maintain the overall approach under Fair Deal which is to ensure that staff pension rights are maintained on transfer out of the public sector.
Many organisations contracting with the public sector have hoped for a move away from the obligation to maintain existing pension rights for staff transferring out from the public sector and it appears clear this is not going to happen. However, the positive news is that the new legislation will mean organisations no longer have to negotiate and implement bulk transfer arrangements or to have to incur the expense of setting up a broadly comparable scheme.
The Government’s announcement does not clarify what organisations re-tendering for existing contracts where the staff have already transferred out into a broadly comparable scheme will be required to put in place.
We will provide a further update once the draft legislation has been published.
For more information
All efforts have been made to ensure the accuracy of this information. Please note that this advice is intended to be general advice only and was correct at the time of publication. No responsibility can be accepted for action taken or refrained from solely by reference to the contents of this briefing. Remember, each case is different, and accurate advice must be tailored to the individual case. © Anthony Collins Solicitors LLP, 03/12
Here at Anthony Collins Solicitors, we have been hard at work advising a charity client, BICMP, on its new music project, ‘Resonance’.
Currently, the only ground for divorce is irretrievable break down of a marriage. Following a consultation, the Government has announced its intention to reform the legal requirements for divorce.
The UK Information Commissioner’s Office (ICO) has recently made some noteworthy changes to its guidance around data subject access requests (DSARs).
In the fourth part of our series on contract management pitfalls, we look at the risks arising out of varying the terms of construction contracts.
A local authority recently received a "roasting" by the Pensions Ombudsman for their delay in processing an employee’s ill-health retirement pension, following her diagnosis with advanced cancer.
The Times is looking for three or four charities to feature in their editions running in December 2019 and early January 2020.
Cliff Mills defines and talks about the importance of social value in his blog, and its potential within Greater Manchester.
Following a power outage at Anthony Collins Solicitors’ (ACS) Birmingham office, our employees and partners currently have limited functionality, including no access to emails.
Joint ventures present an opportunity for housing associations to build organisational capacity, the revenues from which could help deliver on wider social housing commitments.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.