Keystone Law pensions and incentives lawyers, solicitors and barristers

Remuneration in the workplace is rarely straightforward and yet is high on the list of priorities of all concerned. A well-designed remuneration package is not just tax-efficient; it can motivate staff to achieve levels of performance that go far beyond the norm.

Our Pensions and Incentives team work closely with their employment, corporate, tax, regulatory and financial services colleagues to ensure you receive the most up-to-date advice provided in a way that is a clear, concise and easy to understand.

Pensions

Thanks to our ageing population, pensions are a hot topic for UK businesses. For the first time ever, all UK employers will shortly be compelled to contribute to their workers’ pension savings under the “auto enrolment” requirement.

Our pensions lawyers advise employers, trustees, investment managers and other practitioners, ensuring that the correct arrangements for each individual or corporate situation are applied.

Incentives

Our incentives lawyers advise clients on broad-based employee share schemes as well as short-term and long-term incentives. We also help introduce equity incentive arrangements, cash-settled bonuses and deferred incentives. We tailor our advice to ensure that any schemes we help to establish are best suited to our clients’ employee culture and are compatible with any share incentive arrangements that they already have in place.

For further information or to discuss a matter please telephone 020 3319 3700 or click here to email us.

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Pensions

Auto-enrolment issues

Our pensions experts fully appreciate the extra burden placed upon employers who are now expected to comply with auto-enrolment obligations for qualifying employees into pension arrangements. Complying with all the requirements can prove to be an arduous task. We are on hand to work with clients to help them identify the qualifying employees, which can become tricky when they are internationally mobile or possess dual contracts, and to review communications and contracts with providers including pensions and payroll.

Closure and winding-up of pension schemes

We have experience in working with our clients to ensure that a pension scheme is properly closed to new members, future service accrual or completely wound up. The process of closing or winding up a scheme is a long process and we have the necessary expertise to advise on all aspects from ensuring the process is followed legally to giving notice, reviewing communications with employees, following the consultation process, through to preparing legal documents that give effect of the closure/ wind up and alerting the required authorities of the move.

Defined benefit pension risk

Defined benefit pension schemes have inherent risks attached. We work with pension scheme trustees and company sponsors, to look at ways of removing these risks inherent through the likes of a bulk purchase annuity contract with an insurer which provides payments which closely match the scheme's liabilities.

Pension aspects of commercial transactions

Our leading experts are fully aware of the importance of the pension aspect in relation to corporate transactions including mergers, acquisitions and TUPE transfers; and we are known to often advise clients on all issues that could arise. Our team regularly advises clients on pension related difficulties including when the target is involved in a benefit scheme with a funding deficit. We work closely with organisations to ensure that any issues are ironed out before finalising any commercial transaction.

Pensions Ombudsman claims

Even the most well run pension schemes will no doubt end up with disgruntled members or beneficiaries. Many of these disputes are caused by delays in providing certain information, incorrect benefit statements, payment of the wrong benefits, disagreement over whether an incapacity pension is payable or how lump sum death benefits should be distributed. These complaints often reach the Ombudsman. We have vast experience in defending clients successfully against the Ombudsman claim by ensuring that their position is properly presented and the arguments supporting their actions are clearly put forward.

Pension scheme documentation, employment contracts and handbooks

Our team of experts regularly draft and review documentation that set out the pension rights of employees. We work closely with our clients to fully comprehend their business to ensure that their benefits correlate and that all documentation, contracts and handbooks are updated regularly to ensure any legislative changes have been considered.

Regulatory matters

Our lawyers fully understand the difficulties that employers and trustees of pension arrangements face due to being regulated by the Pensions Regulator. We work in tandem with clients to ensure that they comply with the myriad of compliance and legislation requirements that face them. We also regularly work hand in hand with them to help minimise the effect of such regulation on their funding, investment, administration and other aspects of their arrangements.

Termination of employment and compromise agreements

The termination of a contract and the subsequent drafting of a mutually beneficial comprise agreement is no easy feat. We are aware that the pension aspect of these agreements is often contested, particularly when it affects a senior executive. We have vast experience in guiding clients through this process to ensure the best outcome for our client.

Incentives

Company share option plans (CSOPs)

Disputes with HMRC

Today’s political climate has led HMRC to be under more pressure than ever to be seen to be clamping down on organisations and individuals suspected of improperly handling their tax affairs and those advising them to do so. We have significant experience in defending clients on matters such as employee shares and PAYE issues, and regularly successfully represent clients in the Tax Tribunal.

Employee Share Schemes for large companies

Enterprise management incentives (EMI)

Our team of enterprise management incentives (EMI) experts is led by David Cohen who advised the Government on the introduction of EMI. We understand that the tax breaks offered to both employers and employees make EMI one of the most attractive tax shelters in the UK. However, we also understand the many difficulties that may arise when deciding whether a company qualifies for this incentive and the many technical requirements set out by the legislation. We are perfectly placed to advise our clients on all EMI matters whether they be a start-up or a transatlantic company whose options are impacted by a takeover we have the knowledge to guide our clients through the legislative requirements.

Share incentive schemes including SIPS, bonus and SAYE

Shareholder Share Schemes

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David Cohen

Consultant Solicitor

David has specialised in the field of employee share ownership for almost 30 years and advises a diverse range of listed and private companies, both UK-based and international, on all aspects of employee share schemes. Read More

Ben Hughes

Consultant Solicitor

Ben has advised on pensions and employee benefits for fifteen years. He has a broad range of experience in occupational and personal pension schemes, both domestic and international. Ben provides legal counsel on corporate transactions as well as the establishment, maintenance, restructuring, and insolvency of pension schemes. Read More

Monica Ma

Consultant Solicitor

Monica has advised on employee benefits for over 20 years, specialising particularly in pensions and share incentive arrangements. Read More

Bryan Rickman

Consultant Solicitor

Bryan is a highly experienced corporate and commercial lawyer, handling the full range of corporate transactions including M&A, private equity, corporate restructures and joint ventures. He is also an employee share schemes specialist. Read More

Acting as the leading share scheme adviser on the IPOs of Burberry, Admiral Insurance, and Petrofac (all now in the FTSE 100)
Acting for the leading British universities in negotiations with HMRC culminating in new tax exemptions for academics in “spin-out” companies
Advising on all share scheme aspects of the record-breaking HSBC rights issue
Resolving complex negotiations with HMRC Special Compliance Office with regard to the UK tax implications of the issue to employees of non-UK securities
Advising on the share scheme aspects of the takeover of Lloyds broker Chaucer Holdings Plc by The Hanover Insurance Inc.
Advising Veolia Water on the pension aspects of the sale of its regulated water business
Advising HMV on the pension aspects of the sale of Waterstones, which was dependent on the liabilities of the pension plan being left behind, and involving an apportionment arrangement and difficult negotiations
Advising the sellers on the £38m sale of Tullo Marshall Warren Ltd, a direct advertising company to Creston Plc
Advising on the formation of the media and communications group, Target MCG Ltd and the simultaneous acquisition of three sets of companies for a mixture of cash and shares
Acting as lead lawyer for Huntsworth plc (a leading listed PR group) on the £10.7m purchase of Quiller Associates Ltd
Forming a new holding company for communications strategy company, Spectrum Strategy Consultants Ltd to buy out the shares of a departing founder
Advising the sellers on the £7m sale of energy and power consultancy Energy & Power Ltd to the German owned ThyssenKrupp UK Plc

London

48 Chancery Lane
London WC2A 1JF
t: 020 3319 3700
f: 0845 458 9398
e: enquiries@keystonelaw.co.uk
dx: 193 Chancery Lane

Bristol Meeting Rooms

One Temple Quay
Temple Back East
Bristol BS1 6DZ
t: 0117 322 6569
f: 0845 458 9398
e: enquiries@keystonelaw.co.uk

Newcastle Meeting Rooms

Azure Business Centre
High Street, Newburn
Newcastle upon Tyne NE15 8LN
t: 0191 687 2050
f: 0845 458 9398
e: enquiries@keystonelaw.co.uk

Leeds Meeting Rooms

2 Infirmary Street
Leeds LS1 2JP
t: 0113 451 0202
f: 0845 458 9398
e: enquiries@keystonelaw.co.uk

Guernsey

28 Cornet Street,
St Peter Port,
Guernsey GY1 1LF
t: 0148 172 0212
f: 0845 458 9398
e: enquiries@keystonelaw.co.uk

Northern Ireland

Rochester Building 1st Floor,
28 Adelaide Street,
Belfast BT2 8JD
Northern Ireland
t: 028 9002 2520
f: 0845 280 0108
e: enquiries@keystonelaw.co.uk
dx: 507NR Belfast

Isle of Man

The Old Courthouse
Athol Street
Douglas IM1 1JD
Isle of Man
t: 0333 939 8000
f: 0845 458 9398
e: enquiries@keystonelaw.co.im
dx: 134973 Isle of Man

Sydney

Keypoint Law
Aurora Place
L25, 88 Phillip Street
Sydney NSW 2000
Australia
t: +61 2 8035 5200
f: +61 2 8035 5201
e: enquiries@keypointlaw.com.au

Melbourne

Keypoint Law
454 Collins Street
Melbourne VIC 3000
Australia
t: +61 3 8199 3300
f: +61 3 8199 3301
e: enquiries@keypointlaw.com.au

Canberra

490 Northbourne Avenue,
Dickson Canberra ACT 2603
Canberra ACT 2603
Australia
t: +61 2 6188 5400
f: +61 2 6188 5401
e: enquiries@keypointlaw.com.au

News

Keystone advises Blow on £7.5m investment and commercial deal with retail giant Debenhams

Keynote

Pensions & Incentives

Clawback rules for executive rewards ‘impractical’

Analysis - FB 2014: Employee share schemes

Pensions

Auto-enrolment issues

Closure and winding-up of pension schemes

Defined benefit pension risk

Pension aspects of commercial transactions

Pensions Ombudsman claims

Pension scheme documentation, employment contracts and handbooks

Regulatory matters

Termination of employment and compromise agreements

Incentives

Company share option plans (CSOPs)

Disputes with HMRC

Employee Share Schemes for large companies

Enterprise management incentives (EMI)

Share incentive schemes including SIPS, bonus and SAYE

Shareholder Share Schemes

David Cohen

Ben Hughes

Monica Ma

Bryan Rickman

London

Bristol Meeting Rooms

Newcastle Meeting Rooms

Leeds Meeting Rooms

Guernsey

Northern Ireland

Isle of Man

Sydney

Melbourne

Canberra

Keystone advises Blow on £7.5m investment and commercial deal with retail giant Debenhams

How to save time and money on resolving disputes