erwer

Employers reminded of their pension responsibilities

The Government pensions watchdog has told employers they must not neglect their automatic enrolment responsibilities.

Figures from The Pensions Regulator (TPR) show the overall use of automatic enrolment enforcement (AE) powers is back to pre-pandemic levels following steps introduced to support employers through the early months of the crisis.

The regulator says it has continued to closely monitor compliance and use its powers where necessary to ensure employers remain on track.

Compliance with the law has remained high throughout the crisis, including maintaining pension contributions.

Mel Charles, Director of Automatic Enrolment at TPR, said: “We have been clear with employers throughout the pandemic that they continue to have automatic enrolment duties and the majority have done the right thing for their staff despite the challenges. 

“While we introduced measures in the early months of lockdown to allow struggling employers more time to achieve compliance and avoid being unduly fined, the figures demonstrate we have continued to robustly protect savers, using our powers where necessary to protect savers.” 

Mr Charles urged employers to ensure they plan ahead, including financial planning, so they continue to make the correct pension contributions for their staff without the need for TPR to take enforcement action.

Contributions heading back to normal

Meanwhile, a new survey shows that employee pension contributions have started to approach pre-pandemic levels.

A report by the Royal London company shows that around three in five employees who reduced or stopped their pension contributions during the COVID-19 crisis have restarted them.

It also highlights the fact that around 15 per cent of staff do not think they are saving enough for retirement.

A survey by the pension provider last year found one in five people who contributed to a pension either reduced or stopped payments, with millennials most likely to pause or slash contributions.

However, one in six still think they are not paying enough into a pension for their retirement.

According to the Royal London survey, the average current pension contribution – not including employer contributions – among those who had restarted or increased their payments was 4.9 per cent of their salary.

Nearly half (47 per cent) think they are paying enough but still need to increase their contributions, and a third (33 per cent) think their contributions are adequate.

For help and advice on matters relating to employment law, contact our expert team today.

Residential property tax to be revealed by Chancellor in Budget

The consultation on the introduction of the new Residential Property Developer Tax (RPDT) ends this week with details revealed in this month’s Budget.

The Government announced on 10 February 2021 that it would introduce the RPDT as part of its Building Safety Package.

The Building Safety Package aims to:

• Pay for the removal of unsafe cladding for leaseholders in all residential buildings 18 metres (six storeys) and over in England.

• Provide a finance scheme for leaseholders in lower rise, lower risk buildings – those between 11 and 18 metres (four to six storeys) – to help pay for cladding.

•  Introduce an industry levy and a new tax on residential developers, to ensure developers play their part and make a fair contribution.

The Government says measures are designed to bring an end to unsafe cladding, provide reassurance to homeowners and support confidence in the housing market.

Details of the new tax will be provided by Chancellor of the Exchequer Rishi Sunak in his Autumn Budget on 27 October.

The Government held a consultation seeking views on the policy design of the RPDT between 29 April and 22 July 2021.

It has since been holding a technical consultation on the draft legislation of the RPDT ahead of its inclusion in the 2021-22 Finance Bill, to ensure the legislation operates as intended, and concludes on 15 October.

To help pay for these interventions the government is introducing two revenue raising measures:

•  A new Gateway 2 levy, which will be applied when developers seek permission to develop certain high-rise buildings in England.

•  A new tax on the residential property development sector.

• The tax would be time-limited and apply to the largest residential property developers in relation to the money they make from UK residential development.

•  It would be introduced in 2022 and seek to raise at least £2 billion over a decade.

The Government says it helped support confidence in the property market with interventions on stamp duty land tax and the mortgage guarantee scheme. Therefore, given the significant costs associated with the removal of unsafe cladding, the government believes it is right to seek a fair contribution from the largest developers in the residential property development sector to help fund it.

For help and advice with commercial property matters, please get in touch with our expert team today.

Family of late Monty Python star entwined in Inheritance dispute, reports reveal

The children of late Monty Python star Terry Jones have taken legal action against the actor’s second wife following an inheritance dispute, reports have revealed.

Mr Jones, best known for his directorial roles in The Meaning of Life and Life of Brian, died in January 2020 after suffering from a rare form of dementia.

The Welsh comedian married his first wife, Alison Telfer, in 1970 and had two children together, Sally and Bill.

However, after 43 years of marriage together, Mr Jones left his wife for then 23-year-old Swedish Oxford graduate, Anna Söderström. The pair had a daughter, Siri, in 2009, and married in 2012.

But the writer and director was diagnosed with frontotemporal dementia in 2015, leading to his death in 2020. The disease is characterised by behavioural and personality changes, as well as forgetfulness and language problems.

While is it unknown if the disease prevented Mr Jones from making informed choices, it is reported that the two children are bringing the dispute under the Inheritance Act 1975, which allows family members to seek “reasonable provision” from an estate.

The court documents and contents of the Will are not publicly available, but Ms Söderström is believed to be the main beneficiary and primary defendant in the case.

Commenting on the case, Sally, 47, and Bill, 45, said Mr Jones lacked the mental capacity to draft the Will and are taking legal action against Ms Söderström at the High Court for a “large share of his estate”.

There are no forced heirship laws in England and Wales, but courts have limited power to intervene where there is judged to be a failure to make reasonable financial provision for a defined class of people connected to the deceased.

This includes the current or former spouse or civil partner of the deceased; a person who, for the two years prior to the death, was living with the deceased as if they were a spouse or civil partner; children; a person who was treated as a child; and any other person who was being maintained by the deceased.

For help and advice with related matters, please get in touch with our later life planning and dispute resolution team today.

UK fintech attracts record venture capital investment

The UK financial technology (fintech) sector attracted record levels of venture capital (VC) investment in the third quarter (Q3) of 2021, new figures have revealed.

The report, published by industry analyst Tech Nation, shows that British firms continue to be at the “cutting edge” of innovation.

According to the data, UK fintech recorded more than $4.9 billion (£3.6 billion) of VC investment in the three months to September 2021 – the highest amount ever taken in a single quarter.

It means the sector has now attracted $11.4 billion (£8.4 billion) in 2021 so far – more than double that of the whole of 2020 ($4.57 billion) with three months yet to go.

The record year was driven by huge investment in fintech unicorns (defined as those with an equity value of more than $1 billion) Cinch, a used car marketplace, and banking app Revolut, which recorded venture capital rounds of $1.2 billion (£0.9 billion) and $800 million (£588 million), in May and July respectively.

The fintech sector also now accounts for 11 of the 20 UK technology unicorns.

Commenting on the figures, Tech Nation fintech lead Katja Palovaara said: “UK firms have repeatedly demonstrated they are at the cutting edge of innovation in financial technology.

“The UK is a strong launchpad into international financial markets, and increasingly fintechs are looking to operate on a global basis – particularly in areas such as payments and open banking.”

For help and advice with related matters, please get in touch with our corporate finance team today.

Dealing with a return to work as furlough scheme wound up

Up to a million people were facing uncertainty as the Coronavirus Job Retention Scheme, or furlough, was wound up at the end of last month.

This left employers with various decisions about how to deal with returning workers or indeed if there was a job to return to.

This was despite there being a record amount of job vacancies recorded in August. The nature of some working methods will have changed, and firms will need to work on their recruitment and retention strategies in a different labour market.

Questions HR departments may need to be asking:

What extra support do we provide for returnees?

Many will have been off for months and will need time to reintegrate into the workforce. Refresher courses and other measures to get workers back up to speed may be necessary.

How do we handle redundancies?

Employers have a duty to consult staff in a transparent and fair process laying out the reasons for the redundancy. The process an employer should follow includes collective consultation where appropriate and taking account of employee rights, including notice periods and pay.

Should we make use of flexible working?

Term-time working would allow staff to remain on a permanent contract but offer the chance to take paid or unpaid leave during school holidays. Job-sharing could also mitigate the number of potential jobs losses.

Are we in a position to redeploy staff?

If a position has been lost through the pandemic, it could be that an alternative position could open up for redeployment. It may be that measures such as short time working, temporary layoffs and making use of annual leave hours accrued could be employed until business picks up again.

The end of furlough comes as figures from the Office for National Statistics (ONS) show that a quarter of the workforce had been on furlough at some point between March 2020 and June 2021.

By August 2021, the scheme had supported 1.3 million businesses and 11.6 million jobs.

According to the statistics, those furloughed for more than three months were less likely to be in employment by August 2021 when compared to those who were furloughed for a shorter time. In addition:

  • Eight per cent of people who were furloughed at some point were no longer employed in the three months to June 2021.
  • Employees with GCSEs as their highest qualification were more likely to have been furloughed than those with degrees or equivalent qualifications.
  • The age groups most likely to have been furloughed were those under the age of 24 and over the age of 65. This accounts for 30 per cent of all on furlough and compares with 23 per cent who were aged 35 to 44 years.
  • Part-time workers and single parents were also more likely to have been furloughed.

The highest furlough rates remained in industries severely affected by social distancing rules, such as accommodation and food and arts and entertainment.

For help and advice on matters relating to employment law, contact our expert team today.