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10 October 2014 / Roderick Ramage
Issue: 7625 / Categories: Features , Profession , Employment
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The partner pension conundrum

Roderick Ramage explains the formula

PA 2008 s 3(2) + ERA 1996 s 43A = AE 4 Ps where: PA = Pensions Act, ERA = Employment Rights Act, AE = automatic enrolment into a pension scheme; and Ps = partners. The catalyst for this article is Bates van Winkelhof v Clyde & Co LLP and another [2014] UKSC 32, [2014] 3 All ER 225. Partnerships as employers must enrol jobholders automatically into pension schemes under the Pensions Act 2008 (PA 2008), s 3(2), but partners themselves might be liable to be enrolled automatically.

A jobholder is a worker, defined in PA 2008, s 88(3) as “an individual who has entered into or works under (a) a contract of employment, or (b) any other contract by which the individual undertakes to do work or perform services personally for another party to the contract”, but by sub-s (4) this does not apply “if the status of the other party is by virtue of the contract that of a client or customer of a profession

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MOVERS & SHAKERS

Kingsley Napley—Kelly Greig & Abbie West-Kelsey

Kingsley Napley—Kelly Greig & Abbie West-Kelsey

Firm strengthens international tax team with partner and tax manager hire

Dawson Cornwell—Russell Bywater

Dawson Cornwell—Russell Bywater

Family law firm appoints new managing partner and head of matrimonial department

Forbes Solicitors—Katy Parkinson & Paul Hatton

Forbes Solicitors—Katy Parkinson & Paul Hatton

Employment and commercial offering strengthened by double hire

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Commercial law is changing fast, driven by new technologies and the growing complexity of global markets. The University of Manchester’s LLM in International Commercial and Technology Law brings focus to that shift, highlighting the core areas that now define effective commercial legal work. By exploring corporate governance, data rights, fintech regulation and digital era intellectual property, this course gives professionals the insight they need to make informed, confident decisions in a rapidly evolving landscape
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A Mental Capacity Act ‘best interests’ analysis must be undertaken for all treatment decisions for incapacitated adults, the Court of Appeal has held
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