Automatic enrolment: LLPs may have to enrol all members
By Kate Richards
The automatic enrolment requirements oblige employers to enrol the majority of their ‘workers’ into a pension scheme. Until now, it had generally been assumed that members of limited liability partnerships (LLPs) were not workers for this purpose and so did not have to be enrolled.
The Supreme Court has shed significant doubt on this. In a case concerning whistleblowing (Clyde & Co LLP v Bates van Winkelhof), it has ruled that a member of an LLP can be a worker for the purposes of the Employment Rights Act 1996 (ERA). The definition of worker in the ERA is similar to that used in the legislation governing automatic enrolment. It is now therefore strongly arguable that LLPs should be enrolling their members (and should have done so from their original staging date)…
Click on the link below to read the rest of the Nabarro briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Analysis from The Lawyer
Nabarro senior partner and self-confessed “IT geek” Graham Stedman is heralding a major set of investments in technology ahead of the firm’s move to 125 London Wall this year.
Clients are more willing to bring claims against professional service providers but the risk to defendants is not as dramatic as it might seem