Pension Employment Solicitors

[Princessofthesofa]

Can anyone suggest an employment solicitor who can advise on pensions?

I've got a contract explicitly stating I can be in x pension. Employer wants out of that so trying to get some advice but no-one will touch pensions? I stand to lose over £100,000 in pension provided I don't pop my clogs early from stressing about it!

Most employment solicitors should be able to advise on this as it’s basically a matter of contract. If your contract says you are entitled to be a member of that particular scheme - and there’s no wording allowing them flexibility (in the contractual wording) to amend pension entitlement - they can’t move you out of that scheme without your consent. The exception is if they have a really good reason for it - eg company may go under if it needs to keep paying into the current scheme - then they may be able to do it by terminating your employment and offering you re employment on new terms (after consulting with you about it first). If they seek to change without your consent or dismissing and rehiring I would make it clear you object and are considering your options as it’s a breach of contract. You need to object to make it clear you haven’t impliedly consented to the change

I've quite clearly stated that I object and I would move forward with action. And I would.

I have tried several employment solicitors and they wouldn't advise!

My opinion was it was a breach in contract. But the HR team say otherwise!

That’s odd as I’m an employment lawyer and it’s something we advise on all the time. It can indeed be a breach of contract depending on the contractual wording. This maybe something we could help with if you want to PM me your email address? Otherwise have you tried a big firm like slater and Gordon? I would have expected them to be able to help.

Have you tried speaking to the pensions advisory service or acas? They are free and might be able to help

Are the employer changing the pension for everyone and going through a consultation process?

@czycoup

Have you tried speaking to the pensions advisory service or acas? They are free and might be able to help

Tried ACAS who weren't much help. I'll try the pensions service. Thanks!

I did think it was odd! I tried a couple of big ones, I obviously need to try more. I have DM'd you. Any push in the right direction would be great.

@HermioneWeasley

Are the employer changing the pension for everyone and going through a consultation process?

There are different schemes in the business. This one is expensive so moving us onto a cheaper one. Which I kind of accept but when I joined it was a consideration and they financially benefit massively whilst I will massively lose out.

There's been a consultation for the pension. We are waiting on the outcome.

Have responded to your DM

As a general principle, employers can close pension schemes if they follow the correct process. Unless your contract says you’re entitled to e in that scheme, only that scheme and it will never change, I doubt you have a basis to challenge.

There is however a huge labour shortage so assuming they’d want to keep you, I’d be speaking to my manager about how they’re going to compensate in order to stay competitive, as the pension was one of the reasons you joined

@HermioneWeasley

As a general principle, employers can close pension schemes if they follow the correct process. Unless your contract says you’re entitled to e in that scheme, only that scheme and it will never change, I doubt you have a basis to challenge.

There is however a huge labour shortage so assuming they’d want to keep you, I’d be speaking to my manager about how they’re going to compensate in order to stay competitive, as the pension was one of the reasons you joined

Can you point me in the right direction of the Law that states this so I can have a good read and understand it better?

I don't understand how a contract can explicitly say that you are entitled to be in a very specific scheme, with no mechanism within the contract to change it but they still be allowed to change it!

If it makes any difference, the pension scheme is a multi-employer scheme. Its not being closed although I guess its a partial winding up?

This is entirely about the fact that scheme is more expensive for them than the other schemes they operate but equally they can afford it!

@Princessofthesofa is it a defined benefit/final salary scheme?

This link might have some useful info www.thepensionsregulator.gov.uk/en/employers/managing-a-scheme/closing-your-scheme

I'm an employment solicitor and would generally refer anything like this on because pensions is a topic of its own really. It's a bit niche but most of the top London firms will have a team (they will be pricy).

I've referred to this firm/individual in the past as it's in my neck of the woods. - I can't personally recommend as I haven't worked with her on anything but might give you a start:

www.stevens-bolton.com/site/people/profile/gabrielle.holgate

Is this the public sector e.g. Civil Service/NHS/firefighters etc. changes?

I expect that most employment lawyers won’t touch it because it is a lost cause, sorry.

It isn’t fair, but in my experience these closures always go ahead either because there’s no contractual right to the pension or, if there is, they will ultimately dismiss & re-engage you on nee terms without it if you resist. You can’t win.

Paying a lawyer to help will be a waste of money.