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

Sign in

Register

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

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

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.

Briefings from Nabarro

View more briefings from Nabarro

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Lacon House
84 Theobald's Road
London
WC1X 8RW
UK
http://www.nabarro.com

Turnover (£m): 116.70
No. of lawyers: 405