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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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