Category: pensions

Workchain: unauthorised data access is a serious offence for companies and their officers – Henderson Chambers

Posted April 17th, 2020 in appeals, chambers articles, coronavirus, data protection, employment, internet, news, pensions by sally

‘As the Coronavirus causes unprecedented and rapid change in our daily lives and many of us get used to the challenges of remote working, it is a good time to remind clients of the recent CoA decision in R. (on the application of Pensions Regulator) v Workchain Ltd [2019] EWCA Crim 1422 which demonstrates the wide application of the Computer Misuse Act 1990 (“CMA”). The case serves as a stark warning for companies and their officers who are not taking data security seriously. Tim Green was instructed by The Pensions Regulator (“TPR”).’

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Henderson Chambers, 3rd April 2020

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Divorce bill must not overlook pensions – Society – Law Society’s Gazette

Posted March 18th, 2020 in bills, divorce, families, financial dispute resolution, financial provision, Law Society, news, pensions by sally

‘The Law Society has called for long-awaited legislation reforming divorce to be amended to ensure ex-spouses are not left financially vulnerable as a result of pension orders.’

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Law Society's Gazette, 17th March 2020

Source: www.lawgazette.co.uk

Disability Discrimination: Chief Constable of Gwent Police v Parsons and Roberts – Old Square Chambers

Posted March 17th, 2020 in compensation, disability discrimination, equality, news, pensions, police, redundancy by sally

‘The Claimants were two police officers aged 48 and 44 who were disabled under Equality Act 2010 (EqA). Because they were also unable to carry out the normal duties of a police officer, they were both awarded “H1 certificates” by the Force Medical Officer, which among other things, gave them the right to have immediate access to their pension (which would otherwise be deferred) if they left the police force before their normal retirement age.’

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Old Square Chambers, 3rd March 2020

Source: www.oldsquare.co.uk

Ethical veganism: a philosophical belief – 3PB

Posted February 19th, 2020 in chambers articles, employment, employment tribunals, equality, news, pensions, unfair dismissal, veganism by sally

‘The Claimant, Mr Casamitjana, was dismissed from his role at the League Against Cruel Sports in April 2018 after disclosing to colleagues that the company’s pension funds were being invested ‘unethically’. This was considered by the Respondent to be contrary to a management instruction not to provide financial advice to his colleagues. The Claimant brought claims of indirect discrimination, direct discrimination/harassment and victimisation by reference to his belief in ethical veganism, and PIDA detriment and dismissal, and wrongful dismissal.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

Tick the box at your peril: a warning for lawyers completing the Pension Sharing Annex form P1 – Becket Chambers

Posted January 28th, 2020 in divorce, financial provision, news, pensions by sally

‘Financial remedy lawyers are familiar with the Form P1 Pension Sharing Annex under section 24B of the Matrimonial Causes Act 1973. It records the instructions for how to share a party’s pension and who is to bear the cost, and also contains the parties’ details. It is approved by the court and sent to pension administrators to start the process of implementation of a pension sharing order.’

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Becket Chambers, 22nd January 2020

Source: becket-chambers.co.uk

Rail franchise bid case starts in high court – The Guardian

Posted January 20th, 2020 in compensation, contracts, government departments, news, pensions, railways by sally

‘A high court battle pitting rail operators against the government is due to start on Monday, with Stagecoach and others seeking tens of millions of pounds in compensation in a case that could have far-reaching implications for the privatised rail system.’

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The Guardian, 19th January 2020

Source: www.theguardian.com

Some oddities of the law on age: So you thought you reached age 21 on your 21st birthday? – Wilberforce Chambers

Posted January 9th, 2020 in news, pensions, statutory interpretation, time limits, wills by sally

‘Well, yes you probably did as a legal matter reach (or attain) age 21 at the start of your 21st birthday – ie at midnight at the start of that day (even if you had been born later in the day). But legally this has not always been the case in England and Wales.’

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Wilberforce Chambers, 7th January 2020

Source: www.wilberforce.co.uk

Ethical veganism is a protected belief, rules Employment Tribunal – UK Human Rights Blog

Posted January 6th, 2020 in disciplinary procedures, disclosure, employment, employment tribunals, equality, harassment, human rights, news, pensions, professional conduct, unfair dismissal, veganism by sally

‘In what multiple commentators have hailed as a landmark legal case, Norwich Employment Tribunal found that the Claimant’s “ethical veganism” is a philosophical belief and therefore a protected characteristic for the purposes of section 10 of the Equality Act 2010 (“s.10”) following a preliminary hearing on 2nd and 3rd January 2020.’

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UK Human Rights Blog, 4th January 2020

Source: ukhumanrightsblog.com

Ethical veganism is philosophical belief, tribunal rules – BBC News

Posted January 6th, 2020 in disciplinary procedures, disclosure, employment, employment tribunals, equality, human rights, news, pensions, professional conduct, unfair dismissal, veganism by sally

‘Ethical veganism is a “philosophical belief” and so is protected in law, a tribunal has ruled for the first time.’

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BBC News, 3rd January 2020

Source: www.bbc.co.uk

Alan Shearer gets payout over ‘bad advice’ pension – BBC News

Posted December 17th, 2019 in financial advice, negligence, news, pensions by sally

‘Ex-England footballer and BBC pundit Alan Shearer has won £100,000 in a court fight with a financial advisor.’

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BBC News, 13th December 2019

Source: www.bbc.co.uk

Supreme Court allows appeal over part-time judges’ pensions – Law Society’s Gazette

Posted December 17th, 2019 in contract of employment, judiciary, news, part-time work, pensions, Supreme Court by sally

‘Four judges with “portfolio” careers in full-time and part-time roles and without formal contracts of employment have been backed by the Supreme Court in their campaign for equal pensions treatment. Giving judgment today in Miller and others v Ministry of Justice, Lord Carnwath ruled that ‘the common sense of the matter’ as well as case law holds that part-timers should not suffer less favourable treatment.’

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Law Society's Gazette, 16th December 2019

Source: www.lawgazette.co.uk

Foreign statutory schemes – can they register as a registered pension scheme? – Wilberforce Chambers

Posted December 4th, 2019 in EC law, income tax, news, pensions by sally

‘The regime for registered pension schemes, which was first established with effect from A-Day (6 April 2006), is renowned for a number of things. One of those things is the expansion of the categories of person who can establish a pension scheme. However, as a recent case shows, the legislation contains anomalies.’

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Wilberforce Chambers, 24th November 2019

Source: www.wilberforce.co.uk

Supreme Court to hear dispute over Local Government Pension Scheme and ethical disinvestment – Local Government Lawyer

Posted November 11th, 2019 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘The Supreme Court will next week consider whether parts of the Communities Secretary’s guidance on the investment of Local Government Pensions Schemes relating to UK foreign and defence policy were for an unauthorised purpose.’

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Local Government Lawyer, 11th November 2019

Source: www.localgovernmentlawyer.co.uk

High Court rules delving into women’s pension pots is not discriminatory – UK Human Rights Blog

Posted October 9th, 2019 in age discrimination, equality, news, notification, pensions, sex discrimination, women by sally

‘In a judgment handed down on 3rd October, the High Court has ruled that successive statutes between 1995 and 2014, which legislated to equalise the state pension age between men and women were not discriminatory. The High Court also determined that it was not a matter for the courts to conclude whether the steps taken to inform those affected by the changes in the state pension age for women were inadequate or unreasonable.’

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UK Human Rights Blog, 9th October 2019

Source: ukhumanrightsblog.com

Women lose landmark High Court fight against pension changes that caused homelessness and destitution – The Independent

Posted October 3rd, 2019 in age discrimination, equality, homelessness, news, pensions, sex discrimination, women by sally

‘Women affected by controversial adjustments made to the state pension age, which campaigners say unlawfully discriminates against women born in the 1950s, have lost their landmark High Court battle against the government.’

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The Independent, 3rd October 2019

Source: www.independent.co.uk

Financial Remedy Update, September 2019 – Family Law Week

Posted September 9th, 2019 in appeals, bills, civil procedure rules, cohabitation, divorce, families, financial dispute resolution, financial provision, news, pensions, reasons, statistics, taxation by sally

‘Rose-Marie Drury, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2019.’

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Family Law Week, 6th September 2019

Source: www.familylawweek.co.uk

Public sector to launch ‘mass legal battle’ over pension reforms – The Guardian

Posted August 28th, 2019 in age discrimination, appeals, class actions, doctors, employment tribunals, fire services, judiciary, news, pensions, race discrimination, sex discrimination, Supreme Court, teachers by sally

‘Mass legal claims on behalf of teachers and doctors alleging that changes to their pensions in 2015 were discriminatory are being launched against the government.’

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The Guardian, 27th August 2019

Source: www.theguardian.com

The Pension Advisory Group’s final report: reviewing a paradigm shift in pensions practice – Family Law Week

Posted August 1st, 2019 in divorce, families, financial dispute resolution, financial provision, news, pensions by sally

‘Matthew Richardson, barrister of Coram Chambers, offers an introduction and overview of a report set to change the future of financial remedies practice significantly.’

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Family Law Week, 28th July 2019

Source: www.familylawweek.co.uk

Woman wins right to late partner’s military pension in landmark ruling – BBC News

Posted July 18th, 2019 in appeals, armed forces, bereavement, cohabitation, divorce, equality, financial dispute resolution, human rights, married persons, news, pensions, widows by sally

‘A woman has won the right to her late partner’s military pension in a landmark ruling for unmarried couples.’

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BBC News, 17th July 2019

Source: www.bbc.co.uk

Re-opening final decisions of police injury benefit determinations – UK Police Law Blog

Posted July 2nd, 2019 in appeals, interpretation, judicial review, news, pensions, personal injuries, police, regulations by sally

‘In R (Boskovic) v Chief Constable of Staffordshire [2019] EWCA Civ 676, the Court of Appeal had to resolve apparently conflicting High Court decisions on two separate questions arising from the application of the Police (Injury Benefit) Regulations 2006. This blog post considers the implications for police pension authorities who are asked to agree to re-open a final decision, thereby avoiding the need for an appeal to the Police Medical Appeal Board, or a judicial review claim.’

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UK Police Law Blog, 2nd July 2019

Source: ukpolicelawblog.com