Shows
Employment EssentialsTUPE Tuesday: Information and Consultation claimsAs the year draws to a close, we are here to provide you with an update and the information you need to start the new year. There have been some significant TUPE developments from the Employment Appeal Tribunal. Our TUPE Tuesday podcast series will bring you up to speed on the latest updates, the implications of recent cases, and the potential new developments that are likely to come next year. In this week's podcast, Siobhan Bishop, a PSL Prinicpal Associate in our Employment, Labour & Equalities team, takes a look at the case of Clark v Middleton, where...
2022-11-1510 min
Format LegalValorisastion de vos investissements technologiquesDans le monde actuel, les technologies numériques évoluent à toute vitesse et, prêtes ou non, bon nombre d’entreprises devront faire le grand saut dans cette nouvelle ère. Les perspectives de la transformation numérique sont multiples et il est important que les entreprises comprennent les changements afin de les anticiper et de s’y adapter. L’un des enjeux à prendre en compte est l’optimisation des investissements technologiques. Comment s’assurer de les valoriser et d’en faire un avantage concurrentiel dans un environnement dynamique et compétitif? C’est la question qui sera abordée et traité...
2022-11-0321 min
Employment EssentialsEmployment Essentials: September 2022What's been happening in employment law? Here are our top picks of the latest employment law developments from an unusually busy summer that may affect your business. You can find our Employment Essentials article here: https://gowlingwlg.com/en/insights-resources/articles/2022/employment-essentials-september-2022/ Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with offices in the UK, Europe, Canada and the Middle East. We regularly talk about a broad range of topics that may...
2022-09-2329 min
DiversonomicsThe importance of intentionally claiming your agencyAfter a brief hiatus, we’re excited to share that Diversonomics is back . On the premiere episode of season six, Gladys and Phedely are in conversation with Raphael Tachie, current president of the Canadian Association of Black Lawyers (CABL) and head of Gowling WLG's Private Client Services team in Vancouver. On the premiere episode of season six, Gladys and Phedely are in conversation with Raphael Tachie, current president of the Canadian Association of Black Lawyers (CABL) and head of Gowling WLG's Private Client Services team in Vancouver. Together, they discuss the importance of claiming one’s agency, the...
2022-02-2253 min
The Month in Pensions - Gowling WLGThe Month In Pensions – December 2021 – Working from home 2.0In The Month In Pensions for December 2021, Ian Chapman-Curry looks at what a return to working from home and the broader shift to agile working means for the pensions industry. We then look over some of the key developments that have made the headlines in the world of pensions in December 2021, including: Deadline reminder for trustees to submit compliance statement to the CMA - Click here for the CMA’s order and reporting requirements FCA publishes final rules on facilitating a stronger nudge to Pension Wise guidance - Click here for the FCA’s final rules and...
2022-01-0526 min
Format LegalRetour sur la décision dans l'affaire Mike WardPresque 10 ans après la plainte initiale de M. Jérémy Gabriel à la Commission des droits de la personne et de la jeunesse, la Cour suprême a donné raison à l’humoriste Mike Ward. Cinq juges se sont rangés du côté de la majorité, alors que quatre juges sont dissidents. Cette affaire a fait couler beaucoup d’encre depuis ses débuts et, le moins que l’on puisse dire, c’est que cette décision est loin de faire l’unanimité. Au cœur du litige se trouve l’équilibre entre le droit à la liberté d’expression et le droit à la...
2021-11-1627 min
The Month in Pensions - Gowling WLGThe Month In Pensions – October 2021 – Prosecco over pensionsIn The Month In Pensions for October 2021, Ian Chapman-Curry looks at what the Autumn budget and spending review covered on pensions (or, rather, what it didn't cover). In this month's interview, Ian Gordon takes us through two key cases (Britvic and Axminster), judgments for which were handed down in June. We also look over some of the other developments that have made the headlines in the world of pensions in October 2021, including: Pension Schemes Act 2021 brings in new TPR powers - ‘Pensions law is changing on 1 October 2021 - Are you ready? (29 September 2021)’. TPR sets out...
2021-11-0341 min
Intellectual Property: In conversation with...In conversation with… 12. Robert MacDonald - Part 2We conclude Season 1 of our 'In Conversation with Gowling WLG' podcast series with a special two-part episode, as global intellectual property partner Gordon Harris speaks to Robert MacDonald – a veritable legend of the IP world, a former colleague and long-time friend. We delve deep into IP, hearing Robert's high points and challenges, anecdotes, and advice garnered from an illustrious international career spanning four decades. In Part 2, Gordon Harris continues his conversation with IP legend Robert MacDonald, as the pair talk: Robert's role and his memories from the merger of Gowling Lafleur Henderson LLP in Canad...
2021-10-2027 min
Intellectual Property: In conversation with...In conversation with… 11. Robert MacDonald - Part 1How has the intellectual property landscape changed over the last 40 years and how has this impacted IP case law globally? And, what was it really like acting on largescale cases in Soviet Russia? We conclude Season 1 of our 'In Conversation with Gowling WLG' podcast series with a special two-part episode, as global intellectual property partner Gordon Harris speaks to Robert MacDonald – a veritable legend of the IP world, a former colleague and long-time friend. We delve deep into IP, hearing Robert's high points and challenges, anecdotes, and advice garnered from an illustrious international career spanning fo...
2021-10-0629 min
Intellectual Property: In conversation with...London Design Festival 2021: Making designs a commercial successWhat can designers do to ensure their designs and innovations are a commercial success? For our ninth consecutive year as a London Design Festival partner, UK Head of Brands & Designs, John Coldham, was joined by a panel of leading designers for a webinar discussion on how they've successfully established their businesses and protected their designs: • Martin Darbyshire, CEO and co-founder of tangerine and trustee of the Design Council, joined our panel once again, this time with Eleanor Humphrey, CEO and co-founder of TOPL, to talk about the story behind bringing TOPL's innovative non-spill cup to ma...
2021-09-301h 03
Intellectual Property: In conversation with...In conversation with… 10. Andrew WaughIn this episode, we delve deep into the world of patent litigation and dispute resolution, to explore: • litigating with, and against, some of the world's foremost legal minds, on some of the largest scale and most impactful, important, and controversial IP cases of recent times; • the evolution of patent litigators over five decades, from the smaller Bar of the 80's to the booming, big business litigation of the present; • Treat-sized chocolates, trademark trapdoors, and tales from the IP front on an A to Z of patent subjects; • encountering new technologies, the growth a...
2021-09-2133 min
Intellectual Property: In conversation with...In conversation with… 9. Andrea Brewster OBEFrom an illustrious, longstanding career as a patent attorney, and becoming President of the Chartered Institute of Patent Attorneys in the UK, to now leading the charge for stronger diversity and inclusion in IP. In the latest podcast in our 'In Conversation with Gowling WLG' series, global IP partner Gordon Harris speaks with Andrea Brewster OBE, founder and lead executive officer of IP Inclusive – an organisation aimed at improving diversity and accessibility in the IP profession. Find out more about our IP team here: https://bit.ly/3jfP3aj Register for updates from ou...
2021-09-0838 min
Intellectual Property: In conversation with...In conversation with… 8. Patrick Rogers, CEO of Music CanadaIn the latest podcast in our 'In Conversation with Gowling WLG' series, global IP partner Ryan Steeves speaks with Patrick Rogers, CEO of Music Canada, and the trade association for Canada's major record labels: Sony Music Entertainment Canada, Universal Music Canada and Warner Music Canada. In their discussion, Patrick and Ryan explore the music ecosystem and the significance of helping to protect intellectual property within Canada’s cultural industries. Patrick tells us about the importance of copyright in the global music industry, why copyright reform is so important to artists (and all creators), and what is being do...
2021-08-2530 min
Format LegalPlanifier efficacement le retour au travail après la pandémieAlors que le nombre de cas de COVID-19 continue de diminuer et que la majorité des régions du Québec sont désormais en zone verte, plusieurs entreprises et organisations se mobilisent pour établir des procédures et des politiques afin d’encadrer le retour au bureau de leurs employés, situation qui soulève son lot de questions en matière de droit du travail. Dans cet épisode de Format Légal, Olivier Lamoureux, avocat au sein du groupe de droit du travail et de l’emploi chez Gowling WLG à Montréal, effectue un survol des questions lié...
2021-07-2321 min
Employment EssentialsReturn to the office: Data protectionWith the end of COVID-19 restrictions in sight, many businesses and their employees will be returning to the office within the next few months. While some employers will expect their workforce to be back full-time, others will adopt a hybrid way of working with employees' time split between the office and home. This presents an array of challenges and issues that employers need to prepare for to ensure safety in the workplace, as well as business continuity. This podcast series, brought to you by Gowling WLG's Employment team, discusses the key issues and...
2021-07-2016 min
Format LegalVaccination COVID-19 : Ce que les employeurs doivent savoirPlus d’un an après le début de la pandémie mondiale de COVID-19, une des plus grandes campagnes de vaccination est en cours au Canada. Mais le début de la vaccination suscite d’importantes questions en matière de droit de l’emploi, tant du côté des employeurs que des employés. Dans cet épisode de Format Légal, Cédric Marsan-Lafond, avocat au sein du groupe de droit du travail et de l’emploi chez Gowling WLG à Montréal, survole les droits et les obligations de l’employeur et donne un aperçu de certains poin...
2021-05-1113 min
Intellectual Property: In conversation with...In conversation with… 7. Scott Roberts - President of the IP Federation and Principal Patent Attorney at British TelecomIn this episode, we explore rapid technology acceleration and its influence on the IP world, discussing how intellectual property is managing to stay ahead of the curve and navigate this ever-evolving landscape? Also discussing: balancing a hybrid role as in-house counsel whilst working on IP policy issues as President of the IP Federation; programming influences in IP problem solving, and how a grounding in technology can help in understanding inventions; the pace of change, and resulting struggles and opportunities for IP professionals in the current market and beyond; Artificial intelligence (AI) in the armoury of the inventor, it's...
2021-04-2250 min
The Month in Pensions - Gowling WLGThe Month In Pensions - March 2021 - You wait for one consultation…In The Month In Pensions for March 2021, Ian Chapman-Curry looks at the wave of consultations that have been released by government departments and The Pensions Regulator. In this month's interview, Liz Wood explains the impact that the Pension Schemes Act 2021 will have on employers that sponsor defined benefit pension schemes. We also look over some of the other developments that have made the headlines in the world of pensions in March 2021, including: TPR launches consultation on draft single code of practice - Click here for TPR's ‘New code of practice consultation’ (17 March 2021). DWP consults on i...
2021-03-3133 min
The Month in Pensions - Gowling WLGThe Month In Pensions – February 2021 – The end of the quarterly trustee meeting?In The Month In Pensions for February 2021, Ian Chapman-Curry looks at a survey of defined benefit scheme trustees that suggests the age of the quarterly trustee meeting is over. We also look over some of the other developments that have made the headlines in the world of pensions in February 2021, including: Government issues further consultation on climate change risk - See details of the new consultation 'Taking action on climate risk: improving governance and reporting by occupational pension schemes - response and consultation on regulations' on the Department for Work and Pensions' consultation webpage; and Listen...
2021-03-0312 min
Intellectual Property: In conversation with...In conversation with… 6. Randall Rader - former Chief Judge of the United States Court of Appeals for the Federal CircuitFrom early rock 'n' roll dreams, to headlining intellectual property on the US Court of Appeals for the Federal Circuit. In the latest podcast in our 'In Conversation with Gowling WLG' series, global IP partner Ron Dimock speaks to Randall Rader, former Chief Judge of the United States Court of Appeals for the Federal Circuit and longstanding career IP litigator and patents judge. What is the real value of IP for new inventions? And, how is the US handling cutting edge patent cases compared to other countries? In this episode, we explore these question and...
2021-02-2626 min
Intellectual Property: In conversation with...In conversation with… 5. Sir Robin Jacob - The Patent Bar and beyond, part twoIn the first part of our latest 'In conversation with Gowling WLG' episode, we heard from the Right Honourable Professor Sir Robin Jacob, delving deep into the world of patents, exploring some of his most important and challenging IP cases over an illustrious career spanning 40 years. Join us for Part 2, with global IP partner Gordon Harris continuing his conversation with Sir Robin, as the pair talk: Sir Robin's Professorship at University College London, and what he is seeking to achieve in his post; patents post-Brexit and the survival of the European judicial collaboration following Britain's departure...
2021-01-2931 min
The Month in Pensions - Gowling WLGThe Month In Pensions – January 2021 – Time for the Pension Schemes Act 2021In The Month In Pensions for January 2021, Ian Chapman-Curry focuses on the legislation that will become the Pension Schemes Act 2021. At the point of recording, the Pension Schemes Bill 2019 – 21 was on the cusp of receiving Royal Assent so this episode focuses on what it will mean for pension scheme trustees and employers. When enacted, the Pensions Schemes Bill 2019 – 21 will see changes to the funding regime for defined benefit pension schemes along with giving The Pensions Regulator more powers. It will also provide the statutory framework for pensions dashboards and collective defined contribution schemes. We've created one...
2021-01-2616 min
Intellectual Property: In conversation with...In conversation with… 5. Sir Robin Jacob - The Patent Bar and beyondIn the first half of this special two-part episode, we delve deep into the world of patents, exploring some of Sir Robin's most important and challenging cases over an illustrious career spanning 40 years. In Part 1, we explore: Sir Robin's route to the Patent Bar, from Cambridge graduate to career litigator, reaching the post of Lord Justice of the Court of Appeal for England and Wales; precedent-setting and influential cases spanning Sir Robin's renowned career, including musings on Norwich Pharmacal Co. & Others v Customs and Excise Commissioners [1974], and the changing nature of IP law; Sir Robin's judicial...
2021-01-2029 min
The Month in Pensions - Gowling WLGThe Month In Pensions – December 2020 – Pensions in 2021 – key trends and developmentsIn The Month In Pensions for December 2020, Ian Chapman-Curry focuses on the key trends and developments that will dominate the world of pensions in 2021. With a backlog of legislative, regulatory and policy developments, 2021 promises to be a busy year for anyone working in the pensions industry. The Pensions Schemes Bill 2019 – 21 will see changes to the funding regime for defined benefit pension schemes along with giving The Pensions Regulator more powers. It will also provide the statutory framework for pensions dashboards and collective defined contribution schemes. But 2021 will be about more than primary legislation. The Pensions Regulator will be...
2020-12-3024 min
Intellectual Property: In conversation with...In conversation with… 4. Rt. Honourable Lord Neuberger of Abbotsbury - former President of the UK Supreme CourtWhat is it really like to be the UK Supreme Court's leading decision maker, interpreting some of the most important intellectual property decisions of recent times? In the latest podcast in our 'In Conversation with Gowling WLG' series, global IP partner Ron Dimock speaks to the Right Honourable Lord Neuberger of Abbotsbury, former President of the United Kingdom Supreme Court. In this episode, we delve deep into the world of patent law, exploring some of the most important decisions in international IP, and the difficulties and privileges of interpreting some of the sectors most important...
2020-12-1534 min
DiversonomicsHolding space: A new era of mindfulness in Indigenous allyshipSometimes, doing the right thing is not always easy… and for many people, becoming an ally to a marginalized or systematically oppressed population is just that – the right thing, but far from easy. Many questions can begin to surface, such as: Where do I start? What if I say or do the wrong thing? I don’t have a personal tie to this particular marginalized community, so how can I really help? These are the questions that can keep potential allies up at night. On this week’s episode of Diversonomics, our co-hosts are joined by Gowling WLG asso...
2020-12-0336 min
Intellectual Property: In conversation with...In conversation with… 3. Ed Conlon - Managing Editor at MIPHow has the trade media model changed over the last 20 years, from print publications to digital multimedia solutions, and how is this facilitating interaction and supporting innovation in the IP sector? In the latest podcast in our 'In Conversation with Gowling WLG' series, the interviewer becomes the interviewee as global IP partner Gordon Harris speaks to Managing Intellectual Property (MIP) managing editor, Ed Conlon. You can find a transcript for this episode on our website: http://bit.ly/393TnGr Find out more about our Intellectual Property team here: https://bit.ly/3n...
2020-11-1337 min
The Month in Pensions - Gowling WLGThe Month In Pensions – October 2020 – Where will you be in 15 years' time?In The Month In Pensions for October 2020, we join The Pensions Regulator in gazing into the future and consider what the world of pensions will be like in 15 years' time. See The Pension Regulator's 'Pensions of the future - a discussion on our strategy (16 October 2020)': https://bit.ly/3owKcp6 Also covered in this month's edition are: DWP gives green light to standardised simpler annual benefit statements for DC auto enrolment pension schemes (See the DWP’s response to its consultation ‘Simpler annual benefit statements for workplace pensions’: https://bit.ly/3kEp7GY); PPF consults on the 202...
2020-10-2614 min
Intellectual Property: In conversation with...In conversation with… 2. Simon Forrester - Group IP Director at DysonHave you ever wondered what it is really like to be in charge of intellectual property at a huge IP based business like Dyson? In the latest podcast from our series, 'In Conversation with Gowling WLG', partner Gordon Harris chats with Simon Forrester, Group IP Director at Dyson, and the man responsible for protecting the global technology giant's ever-expanding product line. In our second episode, we find out first-hand what life is really like for Dyson's In-house Counsel, operating at the cutting edge of technology innovation. We explore: Simon's road to Dyson and into the w...
2020-10-2029 min
The Month in Pensions - Gowling WLGThe Month in Pensions - September 2020 - Back to school, back to realityIn The Month In Pensions for September 2020, we go back to school and consider what is coming down the tracks for trustees and employers in the final third of 2020. Ian Chapman-Curry is also joined by Gowling WLG pensions partner Christopher Stiles to discuss his latest Insight on GMP equalisation: https://bit.ly/30zranJ Also covered in this month's edition are: TPR's confirmation of the end of the COVID-19 easements on reporting payment failures; Government consultation on ESG and climate change (https://bit.ly/36iUO4e); Government consultation on investment innovation and improving outcomes for DC members (h...
2020-09-2827 min
Format LegalNouvelle Loi sur les marques de commerce au Canada : un an plus tardDepuis la grande réforme de la Loi sur les marques de commerce du Canada le 17 juin 2019, de nombreux changements continuent d’être mis en place, notamment l’ajout d’un nouveau critère d’examen, soit le caractère distinctif inhérent, ainsi que la prolongation des délais. Dans cet épisode de Format Légal, Giovanna Spataro, associée et agent de marques de commerce et Philippe Matziorinis, avocat au sein du groupe de propriété intellectuelle chez Gowling WLG à Montréal reviennent sur ces changements et vous donnent des conseils afin de développer des stratégies de dépô
2020-08-1415 min
The Month in Pensions - Gowling WLGThe Month In Pensions - July 2020 - The robot will see you nowIn The Month In Pensions for July 2020, we focus on the role that technology will play in improving customer service in the pensions industry. Ian Chapman-Curry is also joined by Gowling WLG pensions partner Joanne Tibbott to discuss the Department for Work and Pensions' review of the charge cap that is applicable to certain defined contribution schemes. For the full text of Joanne's Insight, visit: https://gowlingwlg.com/en/insights-resources/articles/2020/dwp-kicks-off-charge-cap-review/ Also covered in this month's edition are: - the Pension Schemes Bill 2019 - 21 delayed until autumn; ...
2020-07-2730 min
The Month in Pensions - Gowling WLGThe Month In Pensions - June 2020 - Tipping point for consolidation?In The Month In Pensions for June 2020, have we reached a tipping point for consolidation in the pensions industry? Is it time for superfunds and collective defined contribution? And, in a month with plenty of sobering economic news, what are the options for pension scheme trustees and employers in distress? Ian Chapman-Curry is joined by Christopher Stiles to discuss his latest Insights on the options that are available for those faced with difficult market conditions and what a new insolvency regime means for trustees of defined benefit occupational pension schemes. For the full t...
2020-06-2923 min
The Month in Pensions - Gowling WLGThe Month In Pensions - May 2020 - Accelerating the pace of changeIn The Month In Pensions for May 2020, is COVID-19 accelerating the pace of change and the adoption of technological and digital solutions in the pensions industry? Ian Chapman-Curry is joined by Jason Coates to discuss his latest Insight on how coronavirus has not ushered in a 'new normal' in pensions but has, instead, been the catalyst for an accelerated normal. Pre-existing trends have been brought to the forefront and change is, if anything, speeding up. For the full text of Jason's Insight, visit www.tinyurl.com/TMIP2005C. Also covered in this month's...
2020-05-2623 min
The Month in Pensions - Gowling WLGThe Month In Pensions - April 2020 - Adapting to a new normalThe Month In Pensions looks at the key developments in the UK pensions industry over the previous month. For April 2020, we focus on the continued impact that COVID-19 is having on the pensions industry, delays to government and regulatory consultations and the impact of the lockdown on pension scheme deficits. We also look forward to some of the developments to expect in May 2020. You can find this episode and the accompanying transcript on our website: https://gowlg.co/3BoSMyD Gowling WLG is an international full-service law firm working across a range of industry sectors including...
2020-04-2811 min
Accelerating BusinessRethinking the Law Firm and Investing in Client Relationships with Louis Frapporti, Gowling WLGFew lawyers are revitalizing the traditional law firm model quite like Louis Frapporti. Through collaborative partnerships with key institutions, Gowling WLG Hamilton is changing the way lawyers provide value to their clients and approach the way they practice. His views on collaboration, compensation, client relationships and social impact are unique in mindset and practical in execution. Lou is an experienced and charismatic litigator; his thought leadership on the legal profession will captivate you as guest interviewer, Jordan Furlong, provokes Lou's excitement for the future of his firm and the legal profession at large.
2020-04-2033 min
The Month in Pensions - Gowling WLGThe Month In Pensions - March 2020 - Business Continuity in a Time of CrisisThe Month In Pensions looks at the key developments in the UK pensions industry over the previous month. For March, we focus on the impact that coronavirus is having on business continuity planning, the progress of the Pension Schemes Bill 2019 – 21, the increased attention on ESG matters and the much anticipated TPR consultation on the revised defined benefit funding code. You can find this episode and the accompanying transcript on our website: https://gowlg.co/3TVF8u7 We also look forward to some of the developments to expect in April. Gowling WLG is...
2020-03-3116 min
Format LegalSoirée du temps des fêtes: Employeurs, quelles sont vos responsabilités?L’approche du temps des fêtes correspond souvent pour les employeurs à l’organisation de la soirée du temps des fêtes, qui est généralement un moment de réjouissance et de festivités. Mais qu’en est-il des obligations des employés et des employeurs lors de la tenue de ce genre de soirée? Est-ce que les obligations et les politiques qui existent au sein de l’entreprise persistent lorsque l’événement a lieu en dehors du lieu de travail? Dans cet épisode de Format Légal, Tina Aswad, avocate en droit du travail et de l...
2019-11-2810 min
DiversonomicsPartnership admission: Addressing the risk of unconscious gender biasIn 2018, Gowling WLG Canada embarked on its three-year Clients First: Strategic Plan. One of the goals of the comprehensive plan is to have a partnership that is one-third female by January 1, 2021. To help make this happen, Gowling WLG engaged Deloitte as a third-party consultant to conduct a thorough examination of the firm’s existing approach to partnership admission – and make recommendations on how to reduce the impact unconscious gender bias may have on it. Tune in to season 4, episode 3 of Diversonomics as hosts Roberto Aburto and Cindy Kou speak with Gowling WLG Canada CEO Peter Luka...
2019-11-0420 min
Intellectual Property: In conversation with...IP Basics: 9. IP protection in ChinaGowling WLG's Jamie Rowlands discusses intellectual property protection (IP) in China, looking at the benefits of registering IP in the jurisdiction. You can find a transcript for this episode on our website: http://bit.ly/393TnGr Find out more about our Intellectual Property team here: https://bit.ly/3njZaNq We regularly talk about a broad range of topics that may be of interest to you. Register for an account on our website to receive our latest articles, podcasts and webinars: http://bit.ly/38eOKtP
2019-10-2118 min
Employment EssentialsEmployment Essentials - September 2019The historic Supreme Court hearing and judgment on the proroguing of Parliament was hands down the case of the month. Despite the continuing Brexit uncertainty, employment law developments continue. Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business. You can find a transcript for this episode on our website: https://bit.ly/393TnGr Find out more about our Employment team here: https://bit.ly/3bi5e5F We regularly talk about a broad range of topics that may be of interest to...
2019-10-0923 minFormat LegalLes différentes formes de propriété intellectuelleLa propriété intellectuelle est présente partout autour de nous, dans les produits que nous consommons, les inventions qui changent notre quotidien, les œuvres artistiques que nous aimons… La valeur de la propriété intellectuelle est souvent très importante et parfois inestimable pour les entreprises. Il est donc essentiel de s’y intéresser et de prendre les mesures nécessaires pour protéger ces actifs de la bonne façon. Dans cet épisode de Format Légal, Benoit Yelle, associé et agent de brevet au sein du groupe de PI de Gowling WLG à Montréal, su...
2019-10-0324 min
Employment EssentialsUpdates from June 2019Gowling WLG's employment, labour & equalities experts bring you the top five employment law developments from June 2019 that may affect your business. Here are our five significant employment law developments you should be aware of this month - what they are and how they might impact your business. Disability discrimination: perceived disability, progressive conditions & meaning of day-to-day activities Changing terms and unionised workforces Holiday pay & overtime revisited Right to privacy and use of personal e-mails in decision to dismiss Reinstatement and re-engagement orders do not impose an absolute obligation on the employer to do so Read...
2019-07-1937 min
Employment EssentialsUpdates from May 2019Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business. Here are our five significant employment law developments you should be aware of this month - what they are and how they might impact your business. Employers are not required to match enhanced maternity pay for fathers taking shared parental leave Working time: Employers must have a system for measuring daily working hours of their workers Disability discrimination: knowledge of disability Disability discrimination: Withdrawal of overseas job posting due to health concerns NOT disability discrimination Unfair...
2019-06-1021 min
Employment EssentialsUpdates from April 2019Gowling WLG's experts bring you five significant employment law developments you should be aware of this month - what they are and how they might impact your business Disability discrimination: reasonable adjustments and employer's failure to follow its own stated policy. TUPE: on employer's insolvency arrears of equal pay can be claimed from the NIF with liability for excess passing to transferee. Vicarious liability: employer not liable for injury at work's party. Government resurrects plans for cap on public sector exit payments. Discrimination - injury to feelings award bands uprated. You can find a transcript for this ep...
2019-05-0818 min
Employment EssentialsUpdates from March 2019Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business. Here are our five significant employment law developments you should be aware of this month - what they are and how they might impact your business Court of Appeal guidance on use of suspensions Misconduct subject to police investigation Rest breaks under the Working Time Regulations Discrimination arising from disability The numbers to know - April changes to compensation limits and statutory pay rates You can find a transcript for this episode on our website:
2019-04-0328 min
Employment EssentialsUpdates from February 2019Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business. Direct Discrimination: comparators and 'material difference' TUPE: Dismissal ostensibly for dysfunctional working relationship was TUPE-related Trade union statutory recognition: admissibility assessed at date of CAC decision Whistleblowing: complaint about false rumours potentially a qualifying disclosure Equal pay: Asda claimants overcome corporate structure hurdle You can find a transcript for this episode on our website: https://bit.ly/393TnGr Find out more about our Employment team here: https://bit.ly/3bi5e5F We...
2019-03-0518 min
Employment EssentialsUpdates from November 2018This month Gowling WLG's employment, labour & equalities experts discuss their pick of November's top five employment law developments that may affect your business: Unfair dismissal & employees entitled to PHI payments Disability discrimination & excluded conditions Holiday leave: use it or lose it? Non-disclosure agreements remain in the spotlight April 2019 increases to statutory pay rates announced You can find a transcript for this episode on our website: https://bit.ly/393TnGr Find out more about our Employment team here: https://bit.ly/3bi5e5F We regularly talk about a broad range of topics th...
2018-12-1118 min
DiversonomicsMaking an ally: How to capitalize on your discomfort zoneAllyship isn’t always a walk in the park. Have you ever wanted to be an ally to someone or to a group but feared infringing on or taking up space in that particular marginalized community? How do you find the balance between getting involved and being potentially reduced to a more vulnerable role within an affinity group? Take a listen to the final episode of Diversonomics season 3. Our host Roberto Aburto sits down with Gowling WLG associate lawyer and future co-host of Diversonomics season 4, Cindy Kou, to discuss the meaning and challenges of allyship, lobbying for Ch...
2018-12-0418 min
Employment EssentialsUpdates from October 2018Gowling WLG's employment, labour & equalities experts pick October's top five employment law developments that may affect your business. Budget 2018 Employment implications: the what and when Whistleblowing: NEDs personally liable to whistleblower for post dismissal losses Employer's vicarious liability in the 21st century Disability discrimination: job description not in itself a PCP Consultation on ethnicity pay reporting You can find a transcript for this episode on our website: https://bit.ly/393TnGr Find out more about our Employment team here: https://bit.ly/3bi5e5F We regularly talk about a broad range of...
2018-11-1220 min
DiversonomicsTo affinity & beyond: Managing diversity & inclusion in the workplaceWhen one thinks of traditional roles within a law firm or within other organizations, the role of diversity & inclusion manager is not usually top of mind — but it should be. In fact, Gowling WLG is one of the first law firms in Canada to hire a dedicated D&I manager. In this episode of Diversonomics, our co-hosts sit down with Gowling WLG diversity and inclusion manager Lina Nadar to discuss affinity networks, her path to D&I management and her vision for the firm.
2018-11-0615 min
Employment EssentialsUpdates from September 2018Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business from a continuing rise in tribunal claim numbers to a galaxy far, far away… Tribunal claim numbers beginning to return to pre-fees levels Victimisation and the bad faith defence Only temporary workers protected under the AWR Post transfer change held not related to the transfer A reference from a galaxy far, far away… You can find a transcript for this episode on our website: https://bit.ly/393TnGr Find out more about our Employment team...
2018-10-0914 minEmployment EssentialsUpdates from July 2018Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business. Sleeping on the job & NMW take 2 Beyond belief: commercial concern not a philosophical belief Vanishing act: successful internal appeal makes dismissal vanish, but take care in communicating decision Time shifting: when do statutory notice periods need to be added to qualifying service for an unfair dismissal claim? Home Office launches toolkit for employers to support EU Settlement Scheme You can find a transcript for this episode on our website: https://bit.ly/393TnGr Find o...
2018-08-0821 min
Employment EssentialsUpdates from June 2018Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business. 'Mutuality of obligation' and employment status – what does it matter? Whistleblowing: what amounts to disclosure of 'information' Dismissing an employee for failing to prove a continued right to work and the right to appeal Suspensions and zero-hour contracts: avoid an own goal Misconduct does need to necessarily amount to gross misconduct for a fair dismissal You can find a transcript for this episode on our website: https://bit.ly/393TnGr Find out more about our...
2018-07-0227 min
Employment EssentialsUpdates from March 2018Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business. You can find a transcript for this episode on our website: https://bit.ly/393TnGr Find out more about our Employment team here: https://bit.ly/3bi5e5F We regularly talk about a broad range of topics that may be of interest to you. Register for an account on our website to receive our latest articles, podcasts and webinars: https://bit.ly/3tEjT1f
2018-04-0914 min
The Month in Pensions - Gowling WLGGetting ready for GDPR - Part five - Communicating with membersIn the final part of our General Data Protection Regulation (GDPR) and pensions series, we look at when and how trustees will have to communicate the GDPR changes with their members. You can find this episode and the accompanying transcript on our website: https://gowlg.co/3RKdSg7 Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with offices in the UK, Europe, Canada and the Middle East. We regularly talk about a br...
2018-03-2709 min
The Month in Pensions - Gowling WLGGetting ready for GDPR - Part four - Legal issues and trustee decisionsIn part four of our General Data Protection Regulation (GDPR) and pensions series, our experts focus on the important decisions trustees need to make in terms of the legal grounds for processing the scheme's personal data. You can find this episode and the accompanying transcript on our website: https://gowlg.co/3qmDALW Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with offices in the UK, Europe, Canada and the Middle East. ...
2018-03-2718 min
The Month in Pensions - Gowling WLGGetting ready for GDPR - Part three - Dealing with third partiesUnder the General Data Protection Regulation (GDPR), data processors will, for the first time, have direct legal duties under data protection legislation. Many pension scheme trustees use third parties for professional advice and to help run their schemes. What will trustees have to do to ensure compliance by these third parties? You can find this episode and the accompanying transcript on our website: https://gowlg.co/3U5C4f5 Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We...
2018-03-2714 min
The Month in Pensions - Gowling WLGGetting ready for GDPR - Part two - Understanding your scheme's dataData controllers are responsible for the processing of personal data. In order to comply with their legal duties, data controllers need to understand what personal data they hold, what they do with it and who they share it with. You can find this episode and the accompanying transcript on our website: https://gowlg.co/3BmoNqS Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with offices in the UK, Europe, Canada and the Middle...
2018-03-2711 min
The Month in Pensions - Gowling WLGGetting ready for GDPR - Part one - Data protection laws are changingOn 25 May 2018, pension schemes will need to comply with tough new data protection legislation. Get ready for the GDPR with the first in our series of essential guides on the legal issues and practical steps that everyone involved in pensions will need to think about. You can find this episode and the accompanying transcript on our website: https://gowlg.co/3B27Pwv Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with offices in...
2018-03-2715 min
Employment EssentialsUpdates from February 2018Gowling WLG's employment, labour & equalities team discuss the five significant employment law developments from February. You can find a transcript for this episode on our website: https://bit.ly/393TnGr Find out more about our Employment team here: https://bit.ly/3bi5e5F We regularly talk about a broad range of topics that may be of interest to you. Register for an account on our website to receive our latest articles, podcasts and webinars: https://bit.ly/3tEjT1f
2018-03-0715 min
Diversonomics205 Re-training the brain (Pt 2): Employee-employer dynamics when dealing with concussionIn part 1, we spoke with Gowling WLG lawyer Jane Clark about her return to work process post-concussion. In part 2, host Roberto Aburto sits down with his wife Carrie-Anne Bourassa, a civil litigation lawyer who previously suffered a concussion and has since returned to work full time. Listen as she delves deeper into the employee-employer dynamic when it comes to dealing with concussions.
2017-10-3100 min
Diversonomics204 Re-training the brain (Pt 1): The road to work after concussionSometimes the worst part about sustaining an injury is the recovery process that follows. When an employee becomes concussed, the road to return to work can be incredibly trying and strenuous. Our special guest Jane Clark, a partner at Gowling WLG, knows this all too well. Join us as she shares her journey and learn what employers should do and expect when an employee suffers concussion.
2017-10-1722 minDiversonomics203 A seat at the table: It’s time for women to get on boardsThe glass ceiling is real and many women are finding it hard to fight against the perception that there simply aren’t enough qualified women to fill senior positions and sit on boards. We caught up with Gowling WLG partner Lorraine Mastersmith, who gave us a few great tips on how women can use their connections and champions to break into the boardroom.
2017-10-0317 min
The Month in Pensions - Gowling WLGPensions in 30: 30. Pension schemes and tax for individualsKey points Tax relief in the context of pensions (both during the saving phase and at the point of access) requires care and attention. Under the current UK tax regime, pension savings which exceed the "Annual Allowance" or "Lifetime Allowance" are subject to taxation. Employers may want to consider altering benefit structures for high earners. Taxation at the point of accessing pension savings depends upon the manner in which those savings are accessed. There are "unauthorised payments" and "authorised payments", with tax levied depending on the precise type of payment. From 6 April 2015 changes were made to m...
2017-09-2111 min
The Month in Pensions - Gowling WLGPensions in 30: 29. Conflicts of interest and pension scheme trusteesKey points Trustees cannot act lawfully when unduly influenced by a conflict of interest; A conflict of interest can impact on the validity of a trustee decision and on the management of the pension scheme; The Pensions Regulator has issued guidance around conflicts of interest; Trustees need to understand, identify and manage conflicts of interest including adviser conflicts; Trustees should adopt a conflicts of interest policy; A conflict can arise in relation to confidential information; and Separate Companies Act 2006 requirements apply to trustee directors. You can find this episode and the accompanying transcript on our website: https...
2017-09-1912 min
The Month in Pensions - Gowling WLGPensions in 30: 28. The Transfer of Undertakings (Protection of Employment) Regulations and pensionsKey Points TUPE is a very complicated area of employment law. It is particularly difficult when it interacts with pension rights. Specific legal advice is advised if you are dealing with pension rights under TUPE. TUPE does not generally apply to pension benefits. As a result, an employee's entitlement to pension benefits do not generally transfer under TUPE. There are, however, three key exceptions to this rule: Beckmann and Martin rights – rights to certain enhanced redundancy benefits and early retirement benefits may transfer under TUPE; minimum pension rights that apply in certain specific circumstances and, if they apply, pr...
2017-09-1410 min
The Month in Pensions - Gowling WLGPensions in 30: 27. Termination of employment - compensation for pension lossesKey Points Calculating pension loss can be complex, especially where the employee was defined benefit pension scheme. The Employment Tribunal service published a 2003 guidance note which suggested two methods for approximating pension loss without the need for actuarial advice, but this guidance has now been withdrawn. During April and May 2016, the President of the Employment Tribunals (England and Wales) consulted on a new approach to calculating pension loss. The response to this consultation is awaited. In higher value cases, the parties may wish to take actuarial advice on pension loss. In the context of a negotiated exit, there...
2017-09-1207 min
The Month in Pensions - Gowling WLGPensions in 30: 26. Salary sacrifice and pensionsKey points Under a pensions salary sacrifice arrangement an employee gives up part of their cash salary in return for pension benefits Typically the employee's salary is reduced by the amount that they were previously paying as employee contributions to a pension scheme and the employer pays an equal amount to the pension scheme as an employer contribution Salary sacrifice results in cost savings on National Insurance contributions To introduce a salary sacrifice arrangement an employer needs to vary the terms of the employee's contract of employment As salary sacrifice involves a reduction to the employee's salary, it...
2017-09-0707 min
The Month in Pensions - Gowling WLGPensions in 30: 25. Family leave and impact on pensions contributions and benefitsKey Points Whether pension benefits should continue to build up whilst an employee is on family leave depends on whether the employee is on a period of paid or unpaid family leave. Pension benefits should continue (and contributions be paid) in respect of an employee on leave as detailed below for any period of paid leave (whether statutory or contractual). The extent to which there is an obligation on employers to continue to provide pension benefits during periods of unpaid family leave is an area of unsettled law. Many practitioners agree that during periods of unpaid leave, employers...
2017-09-0509 min
The Month in Pensions - Gowling WLGPensions in 30: 24. Sex discrimination, marital and civil partnershipDiscrimination: Sex Key Points This note is primarily focussed on the sex discrimination issues which have arisen in relation to occupational pension schemes (rather than personal pension schemes), because this is where most of the sex discriminatory practices have been identified. The Equality Act 2010 (the "Act") applies to both employers participating in occupational pension schemes and the trustees of such schemes. The Equality Act 2010 also inserts an overriding non-discrimination rule into occupational pension schemes if they do not already contain such a provision. Under the Act, persons (including trustees of pension schemes) are prevented from directly...
2017-08-3116 min
The Month in Pensions - Gowling WLGPensions in 30: 23. Discrimination against part-time and fixed term workersPart one - discrimination and part-time employees Key points A part-time worker must not be treated less favourably than a comparable full-time worker doing the same or largely the same job unless the less favourable treatment can be objectively justified. This extends to less favourable treatment in respect of the provision of pension benefits. A part-time worker can bring a claim for less favourable treatment under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000. The other potential claim a part-time worker can bring in relation to pensions discrimination is a claim for indirect sex discrimination...
2017-08-2916 min
The Month in Pensions - Gowling WLGPensions in 30: 22. Age discriminationKey Points The overriding principle under the Equality Act 2010 is that it is unlawful to discriminate against an individual based on their age unless the treatment can be objectively justified. In relation to pension schemes, a number of important exceptions apply to the general principle that it is unlawful to discriminate on the basis of age. These are contained in the Equality Act (Age Exceptions for Pension Schemes) Order 2010 (SI 2010/2133). Where a particular practice does not fall within one of the exceptions, for that practice to be lawful it must be shown to be 'objectively justified' – that is, a...
2017-08-2408 min
The Month in Pensions - Gowling WLGPensions in 30: 21. Discrimination - an overviewKey points The Equality Act 2010 prohibits direct discrimination and indirect discrimination on the grounds of a protected characteristic. The protected characteristics listed in the Equality Act 2010 are sex, age, religion or belief, race, sexual orientation, gender reassignment, pregnancy & maternity, marriage and civil partnership, and disability. With the exception of age, direct discrimination cannot be objectively justified, but indirect discrimination can be. There are particular exemptions in the Equality Act 2010 and associated regulations that apply to pension schemes, notably in relation to age. Trustees of occupational pension schemes are liable to their members or prospective members if they discriminate...
2017-08-2209 min
The Month in Pensions - Gowling WLGPensions in 30: 20. Winding up occupational pension schemesKey points Winding up an occupational pension scheme means that the scheme will come to an end, the trustees will collect in the scheme's assets and distribute them for the benefit of the scheme’s beneficiaries. The trustees will need to carry out data reconciliation of member records. Benefits may be secured by transferring benefits to another scheme and/or by buying annuities with an insurance company. The trustees must notify The Pensions Regulator of the scheme wind up. Where a defined benefit scheme is in deficit upon wind up, an "employer debt" may become payable under s75 of...
2017-08-1709 min
The Month in Pensions - Gowling WLGPensions in 30: 19. Extrinsic contractsKey points The employer and members of a scheme can contractually agree that the member's entitlement under the scheme will be different to that under the scheme rules The case of South West Trains v Wightman established that such "extrinsic contracts" could be effective Extrinsic contracts cannot affect benefits which it is agreed have been earned by members' employment before the extrinsic contract is concluded, because of section 91 of the Pensions Act 1995 Extrinsic contracts can be useful for employers looking to make changes to future pension benefits but they should always be used with care and only after...
2017-08-1508 min
The Month in Pensions - Gowling WLGPensions in 30: 18. Employer's duty of good faithKey points The Imperial case (Imperial Group Pension Trust Ltd. v. Imperial Tobacco Ltd. [1991] 1 W.L.R. 589) established that an employer owes a duty to pension scheme members (including employees, former employees and dependants of members) when exercising its powers under the scheme. Summarised, the employer's duty is not, without reasonable or proper cause, to act in a way calculated or likely to destroy or damage the relationship of trust and confidence between employer and scheme member. For the employer to have acted in breach of duty, it needs to be shown that it acted irrationally or perversely...
2017-08-1007 min
The Month in Pensions - Gowling WLGPensions in 30: 17. Consultation with employeesKey points Employers with more than 50 employees are required to consult with 'affected members' if they propose making certain types of changes to pension schemes. These changes are known as 'listed changes'; The minimum consultation period is 60 days; Affected members include active members and employees who have an entitlement to join the pension scheme (i.e. prospective members); Affected members must be provided with information. The requirements for what needs to be in this information are set out in legislation. In addition, the Pensions Regulator has provided guidance on what it expects to see in consultation information. ...
2017-08-0809 min
The Month in Pensions - Gowling WLGPensions in 30: 16. Scheme modificationKey points Amendment or modification powers generally are found in scheme rules not in pensions legislation Pensions legislation restricts the way a scheme's modification power can be used Pensions Act 1995: Section 67 onwards protects accrued rights to pension benefits Section 67 also restricts the way changes can be made from defined benefit or final salary benefits to defined contribution or money purchase benefits Section 67 also restricts the way changes can be made which might reduce the rate of a pension Trust law requires trustees to act in members' interests and this applies to decisions to agree to scheme modifications Section 68...
2017-08-0307 min
The Month in Pensions - Gowling WLGPensions in 30: 15. The Pension Protection FundKey Points The Pension Protection Fund (PPF) provides compensation for members of defined benefit (DB) pension schemes whose sponsoring employers have become insolvent. It was established by the Pensions Act 2004. To qualify for entry to the PPF a scheme must be an eligible scheme. The Pension Protection Fund (Entry Rules) Regulations 2005 detail schemes that are not eligible. PPF entry is more complex for multi-employer schemes. The process will depend on the scheme's rules and whether or not the scheme is sectionalised or segregated (for example, on the insolvency of an employer). Detail is provided in the Pension Protection...
2017-08-0111 min
The Month in Pensions - Gowling WLGPensions in 30: 14. Underfunded schemesKey points Independent trustee of pension scheme may be appointed Other trustees' discretionary powers fall away Employer as sole trustee ceases to act Employer debt: Section 75 Pensions Act 1995 and Occupational Pension Scheme (Employer Debt) Regulations 2005 may apply Scheme may qualify for entry to Pension Protection Fund under Pensions Act 2004 Section 126 onwards Trustees will be unsecured creditors in employer's winding up unless they have previously obtained security (such as a charge over assets) You can find this episode and the accompanying transcript on our website: https://gowlg.co/3DgLkH1 Gowling WLG is an international full-service law...
2017-07-2705 min
The Month in Pensions - Gowling WLGPensions in 30: 13. Pension scheme liabilitiesKey Points Options range from amending benefits to sophisticated investments The employer needs to consider its duty of good faith RPI/CPI You can find this episode and the accompanying transcript on our website: https://gowlg.co/3KYxFq5 Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with offices in the UK, Europe, Canada and the Middle East. We regularly talk about a broad range of topics that may be of interest...
2017-07-2513 min
The Month in Pensions - Gowling WLGPensions in 30: 12. Refunds of surplus to employerKey points There are circumstances in which a defined benefit pension scheme may have a funding surplus. Refund of surplus to an employer is permitted if certain requirements are met, which differ depending on whether the scheme is ongoing or in wind-up. The requirements include: Ongoing scheme: power in the rules, refund within limit specified by actuary, in members’ interests to exercise power, 3 months’ notice to members. Scheme in wind-up: power in the rules, scheme liabilities fully discharged, any power to pay surplus to others considered, 3 months’ notice to members. Section 251 of the Pensions Act 2004 provides that, f...
2017-07-2008 min
The Month in Pensions - Gowling WLGPensions in 30: 11. Mobile workersKey Points There are no statutory restrictions on membership of a UK pension scheme by persons who do not live or work in the United Kingdom. Restrictions on benefits accrued or provided under a registered pension scheme may be relaxed where a member does not benefit from UK tax relief because he or she is a "relevant overseas individual" or a transfer has been made into the scheme from a "recognised overseas pension scheme". A registered pension scheme may only make a transfer into an overseas pension scheme that is approved for the purpose by HMRC (a "qualifying...
2017-07-1818 min
The Month in Pensions - Gowling WLGPensions in 30: 10. Contingent assetsKey Points Contingent assets are additional employer or group assets that trustees can access on the happening of a specific event or events Examples of contingent assets are guarantees, charges and letters of credit Contingent assets may be used to give increased flexibility in terms of the approach taken to scheme funding by employers and trustees or to give trustees greater comfort as to the security of the pension scheme Trustees need professional advice before agreeing to accept a contingent asset so they can be satisfied that the contingent asset is validly given and can be enforced by...
2017-07-1307 min
The Month in Pensions - Gowling WLGPensions in 30: 9. Contribution obligations when an employer departs from a schemeKey points Ceasing to employ active members in a defined benefit pension scheme at a time when another employer continues to employ active members into that scheme can trigger a potentially crippling debt. There are various mechanisms which can be deployed to avoid the effects of this lawfully. These should be considered before the debt is triggered. You can find this episode and the accompanying transcript on our website: https://gowlg.co/3Bs0fNe Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services...
2017-07-1105 min
The Month in Pensions - Gowling WLGPensions in 30: 8. Ongoing scheme fundingKey points Most defined benefit pension schemes are funded through a combination of employer contributions and investment returns, although the requirement for member contributions is increasing Rules exist that seek to ensure that pension schemes will be able to afford to pay member benefits when they fall due Pension schemes have an ongoing "statutory funding objective" to have sufficient and appropriate assets to cover their technical provisions (i.e. the actuarially-assessed value of each scheme's liabilities) Pension schemes must undergo an actuarial valuation every three years in accordance with section 224 of the Pensions Act 2004 Trustees must put in...
2017-07-0610 min
The Month in Pensions - Gowling WLGPensions in 30: 7. Powers to protect pension schemesKey Points The Pensions Regulator's (TPR) anti-avoidance powers include contribution notices and financial support directions. They can be used if employers fail to support a scheme, cause material detriment to the chances of a person receiving benefits or the employer is insufficiently resourced or is a service company. Advance clearance is possible for specific transactions. TPR regularly publishes reports on the considerations it gives to the exercise of its powers and functions. You can find this episode and the accompanying transcript on our website: https://gowlg.co/3eqAyDF Gowling WLG is an international full-service law...
2017-07-0408 min
The Month in Pensions - Gowling WLGPensions in 30: 6. Notifiable eventsKey points Employers and trustees have a statutory duty to notify the Pensions Regulator if certain prescribed events occur in an occupational pension scheme. Some prescribed events do not have to be notified if certain conditions are met e.g. if the scheme is fully funded on the PPF basis. If an event occurs it must be notified in writing to the Pensions Regulator as soon as reasonably practicable. Civil penalties can be imposed for non-compliance. You can find this episode and the accompanying transcript on our website: https://gowlg.co/3x78ICP Gowling WLG...
2017-06-2906 min
The Month in Pensions - Gowling WLGPensions in 30: 5. Reporting breaches of lawKey Points Trustees, managers, administrators, participating employers, professional advisers and those otherwise involved in advising trustees are under a duty to report breaches of the law. It is essential that companies put in place procedures to comply with the Pension Regulator's Code of Practice on reporting breaches of the law. Trustees must bear in mind the need to act within the powers and responsibilities afforded to them in the trust deed and rules. When deciding whether to report, two points arise: (a) has there been a breach of law and (b) is it of material significance to The...
2017-06-2708 min
The Month in Pensions - Gowling WLGPensions in 30: 4. The Pensions RegulatorKey Points TPR has statutory objectives which include protecting pension scheme members' benefits TPR has a broad range of investigative, remedial and anti-avoidance statutory powers TPR's stated approach is to educate, enable and enforce TPR regularly publishes reports on the considerations given by it to the exercise of its powers and functions You can find this episode and the accompanying transcript on our website: https://gowlg.co/3RP2lwa Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We...
2017-06-2207 min
The Month in Pensions - Gowling WLGPensions in 30: 3. Workplace pension reformKey Points Anyone who employs workers in the UK will have to comply with new employer duties with effect from their 'staging date'; An employer's 'staging date' is set out in legislation and falls between 1 October 2012 and 1 February 2018 depending on how many people work for the employer; Employer duties are to: assess and categorise their workers; automatically enrol any workers who meet the criteria to be 'eligible jobholders'; and are not members of a 'qualifying scheme' into an 'automatic enrolment scheme'; issue communications to all workers including certain prescribed information; process opt-in and opt-out requests; pay contr...
2017-06-2013 min
The Month in Pensions - Gowling WLGPensions legal update - May 2017Every quarter, the Gowling WLG pensions team prepare a legal update covering the most relevant issues and developments for trustees and employers. The update covers new legislation, regulatory changes, pensions taxation and administration, scheme governance, investment and funding and pension cases and Ombudsman determinations.
2017-06-1627 min
The Month in Pensions - Gowling WLGPensions in 30: 2. Contracting-out of the State Second PensionKey points Prior to 6 April 2016, an occupational pension scheme could contract out of the Additional State Pension on a defined benefit (DB) basis. Prior to 6 April 2012, an occupational or a personal pension scheme could contract out of the Additional State Pension on a defined contribution (DC) basis. In a contracted-out scheme, the member and his employer paid a lower rate of National Insurance contributions. The member receives an amount of pension from their contracted-out scheme which is at least as good as the Additional State Pension given up. You can find this episode and the accompanying transcript...
2017-06-1506 min
The Month in Pensions - Gowling WLGPensions in 30: 1. UK workplace pension provisionKey points Pensions in the UK are provided in a number of different ways: state pensions versus private pensions; occupational versus personal pensions; and trust-based versus contract-based. Employers provide pensions to fulfil legal obligations, because they are a tax-efficient benefit and to retain and attract employees. You can find this episode and the accompanying transcript on our website: https://gowlg.co/3xd7J4l Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with...
2017-06-1205 min
Diversonomics005 Building a better workforce through inclusive recruitmentFor episode five of Diversonomics co-hosts Roberto Aberto and Sarah Willis interview Cristie Sutherland, the Director of Student and Associate Programs in Gowling WLG's Calgary office. They discuss the firm's recruitment process and why it's not only important to hire the best candidates, but to put diversity and inclusion at the forefront of these important decisions. Cristie also shares her story of being an immigrant to Canada and how that's shaped her path to following the law and now hiring future lawyers for the firm. Episode tip "...above everything be yourself. Life is too short to...
2016-12-0719 min
Diversonomics004 Overcoming bias in the legal professionIn this episode, Neena Gupta, co-chair of Gowling WLG Canada’s National Diversity and Inclusion Council, shares how her experiences with unconscious bias as a young associate motivated her to champion diversity and inclusion in the legal profession, and develop new programs to foster D & I in the workplace. Episode tip "I think that when we are in meetings and groups, [we need to make more of] an effort to ensure that everybody’s ideas really get a chance and that when somebody junior [...] comes up with a good idea, to make sure that person gets the...
2016-11-3024 min
Diversonomics003 Fostering inclusion in a global firmIn episode three of Diversonomics, co-hosts Roberto Aburto and Sarah Willis interview Lorna Gavin, Gowling WLG U.K.’s head of diversity, inclusion and corporate responsibility. In their discussion, they explore the challenges and opportunities of implementing diversity and inclusion strategies across a global firm, while also detailing Gowling WLG U.K.’s various diversity networks. Episode tip "1 in 4 people will have a mental health problem at some stage [...] it is okay to talk about it and it is okay to ask for help." — Lorna Gavin, Head of Corporate Responsibility at Gowling WLG Resources Learn...
2016-11-2325 min
Diversonomics002 Tackling LGBT inclusion in the workplaceFor episode two of Diversonomics, co-hosts Roberto Aberto and Sarah Willis interview Mark Greenburgh, a partner in Gowling WLG's London office. They discuss the exciting new diversity and inclusion opportunities that have arisen since the combination of Gowlings and Wragge Lawrence Graham, as well at Gowling WLG UK's LGBT OpenHouse initiative. Episode tip "Bring your whole self to work. You’ll be better at what you do and a happier person." — Mark Greenburgh, Partner at Gowling WLG Resources mentioned in this episode How Gowling WLG UK is forming an inclusive workplace Learn more about Mark...
2016-11-1614 min
Diversonomics001 Why your firm needs a diversity & inclusion initiativePodcast summary In the inaugural episode of Diversonomics, co-hosts Roberto Aburto and Sarah Willis introduce listeners to the podcast and discuss their experiences with diversity and inclusion in the legal industry. They also outline some of the obstacles the profession faces with respect to adopting new strategies and overhauling old practices. Episode tip "Diversity is the one true thing we all have in common." — Sarah Willis, Co-host of Diversonomics and an associate at Gowling WLG Resources mentioned in this episode About Gowling WLG About the combination between Gowlings and Wragge Law...
2016-11-0920 min