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Government publishes LGBT action plan

In July 2017, the government launched a national survey of LGBT people. It received more than 108,000 responses which have been published in the form of a research report and a summary report.
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Government publishes LGBT action plan

Supreme Court hears Barnardo’s RPI/CPI Appeal

Dentons' Reward team are advising the Representative Beneficiaries of the Barnardo's Staff Pension Scheme ("the Scheme") in an application to the Supreme Court to decide whether the Scheme rules permit a switch from RPI to CPI for revaluation or indexation of pension payments.
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Supreme Court hears Barnardo’s RPI/CPI Appeal

Home Office publishes details of settlement scheme for EU Citizens:

EU citizens will be able to apply for settled status in 3 easy steps for less than the price of a passport, under plans outlined by the Immigration Minister today. Please see here for further details.

Home Office publishes details of settlement scheme for EU Citizens:

The future of work could mean automation… and “robot tax”!

The Business, Energy and Industrial Strategy Committee (BEIS) has launched an inquiry into automation and the future of work. The purpose of the inquiry is to consider two points. 1.The inquiry will look at the impact automation will have on UK businesses and the potential it has for productivity, growth and re-industrialisation. It will focus on specific questions about automation such as which sectors are most likely to be affected by automation, and whether businesses receive enough financial support when opting to automate. 2.The inquiry will also look at the impact automation will have on workers. The inquiry will consider what policies and actions should be in place to reskill workers and the role Government should play to support this.
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The future of work could mean automation… and “robot tax”!

Notice of termination: are you sure your employee has been dismissed?

It is a common misconception amongst employers that notice of dismissal (or in cases where no notice is given, dismissal itself) will take effect on the date the employer writes to the employee to give them notice or inform them of the decision to dismiss. A long line of case law from the Employment Appeal Tribunal (EAT) has established that this is not the case. Where, as is often the case, there is no contractual provision dealing with communication of notice, notice (or dismissal) will take effect on the date on which this is communicated to the employee. This means that, where an employer writes to an employee to give notice or inform them of their dismissal, it is only once the employee has personally taken delivery of the letter that the notice (or dismissal) will be deemed to have been received.
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Notice of termination: are you sure your employee has been dismissed?

Improving the Pensions Regulator– Increase Powers or Increase Resource?

Recent high profile insolvencies (e.g. Carillion and BHS) have seen widespread criticism of the Pensions Regulator ("TPR"). It stands charged with failure to use its intervention powers despite being aware of companies prioritising dividends over deficit recovery contributions, despite trustees urging it to intervene. By the time TPR took action it was too late.
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Improving the Pensions Regulator– Increase Powers or Increase Resource?

Introducing our Immigration Practice

Immigration continues to be an area of focus for our clients as they adjust to the changing landscape brought on by Brexit, while continuing to manage a growing list of routine immigration compliance responsibilities and issues.

We understand the pressures on employers and the need for practical immigration advice and tips, information on changes and how to manage them, and commentary on future policy development and potential issues. To assist our clients and contacts we will be sharing regular immigration news updates, editorials on topics such as Brexit and immigration policy developments, upcoming deadlines and changes to be aware of, as well as invites to immigration seminars, training sessions and roundtable events.

In this immigration news update we have a news round-up, dates for your diary and employer actions, and the latest on Brexit.

https://www.dentons.com/en/insights/articles/2018/february/22/introducing-our-immigration-practice

 

Introducing our Immigration Practice

Cost vs. benefit of Pension complaints

The Pensions Ombudsman has some key benefits as a venue for employees with pension grievances. Jurisdiction revolves around ‘maladministration’ which can be quite broad and for employees, costs aren’t a real issue.

However given the potential costs raised by these complaints employers and pension schemes often run up large legal and actuarial costs defending Ombudsman claims.

This can lead to some “challenging” cost to benefit analyses for Ombudsman complaints, particularly where there are arguments around payments for distress and inconvenience caused by proven maladministration.

An example being the recent High Court case of Smith v. Sheffield Teaching Hospitals NHS Foundation Trust [2017] All ER (D) 166 (Oct) where an employee who worked for the NHS lost the right to an unreduced pension due to bad information.

The Ombudsman and the Court both decided that she couldn’t have the unreduced pension, but that an award for inconvenience and distress was appropriate. The Ombudsman decided that she should get £500. The employee wanted £36k based on the Ogden tables. The Court decided it would award £2750.

The question is, how much time and effort did the employer end up spending on defending the claim? Given the outcome, it would have probably been better to carefully check the pensions communications in the first place!

Cost vs. benefit of Pension complaints

So, where’s “mutual agreement” on this pension form?

Pensions and Employment speak different languages and as an employer it's important to have a team working for you that understands both. A recent example arose in the Pensions Ombudsman case of Mr. O (PO-7782).
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So, where’s “mutual agreement” on this pension form?

Suspension for alleged misconduct may be a breach of contract

In the recent case of Agoreyo v. London Borough of Lambeth [2017] EWHC 2019 (QB), the High Court has held that suspension as a "knee-jerk" reaction to an allegation of misconduct may in itself be sufficient to breach the implied contractual term of trust and confidence.
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Suspension for alleged misconduct may be a breach of contract