Employment and Pensions Law (23 July – 6 August)

Employment News

Employers must do more to tackle male ‘stigma’ around shared parental leave

People Management – 30 July

Sandie Dennis, career coach and CEO of Confidence to Return has noted in a recent speech that employers must take responsibility for ending the stigma facing men who take shared parental leave (SPL). SPL allows parents to share up to 50 weeks of leave, 37 of which are paid. According to Dennis, men can face unconscious bias and feel uncommitted to their jobs if they choose to take advantage of SPL.

2.2 million employees missing out on legal holiday entitlement

Employee Benefits – 27 July

According to the Trades Union Congress (TUC), an estimated 2.2 million people are not receiving their full holiday entitlement, and 1.2 million do not receive any paid leave. UK workers are losing out on £3 billion of paid leave per year, with agriculture (15%), mining and quarrying (15%) and accommodation and food (14%) the sectors most likely to lose out.

No protection for “whistleblowers” who fail to disclose factual information

Kingsley Napley – 26 July

The case of Kilraine v London Borough of Wandsworth has led to the Court of Appeal giving guidance on disclosure. The Court of Appeal discussed the distinction between an ‘allegation’ and ‘information’, and what can amount to a ‘qualifying disclosure’. Kingsley Napley discusses the case in more detail.

Pensions News

Over a third of employees unaware they have been auto-enrolled

Professional Pensions – 1 August

A recent wealth and assets study using data from the Office for National Statistics (ONS) has revealed that 36% of employees do not know they have been automatically enrolled into a workplace pension. 40% of respondents believed the safest way of saving for retirement was paying into an employer pension, whilst 29% thought investing in property was the safest.

Increasing reports of employers coaxing staff to opt out of pensions

People Management – 1 August

The Pensions Regulator (TPR) received 64 reports between 1 April 2017 and 31 March 2018 of employers allegedly attempting to persuade employees to opt out of the auto-enrolment pensions scheme. This is a 500% increase on complaints of this nature since 2015-16.

Michael Johnson: Why collective DC could undermine pensions freedom

Professional Adviser – 30 July

Michael Johnson has criticised collective defined contribution (CDC) schemes, stating they could undermine current pension freedoms. CDC schemes share risk between employers and employees and a combination of traditional final salary arrangements and defined contribution (DC) schemes.

No-deal Brexit will make it ‘illegal’ to pay pensions to retired British expats living in EU, MPs told

The Independent – 24 July

The Association of British Insurers has told MPs it could be ‘illegal’ to pay private pensions to retired British expats living in the EU, if Britain leaves the EU with no deal. Theresa May’s current plan for Brexit protects ‘goods by keeping the UK tied to EU rules but exclude services – even though they make up 80 per cent of the UK economy.’

Written by Ellie MacKenzie

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