Doug MullenSenior Associate
Specialist in pensions and employment law.
I am a Senior Associate in the pensions and employment team. I lead our pensions advice, and provide strategic employment advice. I support a range of not for profit, charitable and commercial organisations. I aim to understand what my clients need and provide practical, commercial solutions to legal issues which are tailored to their needs and presented in a clear, straightforward way.
I have substantial experience in a wide range of different areas including particular expertise in advising on the employment and pensions implications of outsourcing arrangements. I regularly advise on public sector pension schemes, changing terms and conditions, TUPE and the National Minimum Wage, supporting housing and social care providers and local government organisations.
The Advocate General of the European Court of Justice (“ECJ”) has confirmed that a 5 month gap in operations does not necessarily prevent TUPE applying.
Transferring out of SHPS will not be suitable for every housing association. So what should housing associations do?
The facts ICAP Management Services Limited ("IMSL") was a service company providing services to other companies within the ICAP Global Broking Business (“IGBB”). IGBB decided to sell the IMSL to Tullett Prebon PLC.
Under certain circumstances, a Local Government Pension Scheme (LGPS) employer can apply to forfeit the employee’s pension or to recover some or all of their pension benefits.
Not every qualified teacher will be eligible to join the Teachers’ Pension Scheme - only those who are carrying out the role of a teacher.
Mrs S was employed by the East Sussex Healthcare Trust (ESHT). She was also a member of the NHS Pension Scheme (the Scheme). In September 1996, her work was outsourced, and there was a TUPE transfer to a non-NHS employer.
Early estimates anticipated a rise for many employers, with some commentators estimating a £1 billion rise in contributions across all LGPS employers.
Mrs R was employed by Trafford Council but resigned due to ill-health in August 2011. In June 2014 she applied for early payment of her deferred pension benefits in the Local Government Pension Scheme (LGPS) on the grounds of ill-health.
The consequences of staff being wrongly enrolled into the TPS can be significant for both staff and employers. Local authorities and academies should, therefore, review their staff enrolled in the TPS to ensure that they are all correctly enrolled.
This ruling, in the case of Peninsula Business Services Ltd v Donaldson, may also have implications in relation to pension contributions made via salary sacrifice during maternity leave, but the position is not clear.
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