Work area: TUPE, Pensions & Human Resources for the public sector

An extensive track record of advising on TUPE, the Local Government Pension Scheme and associated human resources issues either as part of a wider project or specifically on these matters including preparation and advising on settlement agreements (formerly compromise agreements)

What we offer

  • Support in achieving a Sound TUPE Transfer: practical step-by-step guidance on a sound first or subsequent generation staff transfer in compliance with the Transfer of Undertakings (Protection of Employment) Regulations 2006 and the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2013.

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  • The HR and Pensions Implications of Teckal Companies: pension options (open or closed schemes) and staff transformation for this model as part of a wider project.

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  • TUPE and Pension Clauses: commercially pragmatic clauses which set out a model of risk share, realistic indemnities and warranties, either based on amending standard clauses or bespoke drafting to meet your requirements.

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  • Advice on the Impact of the Two Tier Workforce in Wales and Historic Impact in England: support in understanding the implications of current and historic statutory guidance and legislation (all of which is still current in Wales).

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  • Advice on the Best Value Authorities (Staff Transfers) Pensions Direction 2007 in England (and its 2012 equivalent in Wales): an analysis of the impact of this for local authorities and employees involved in first and subsequent generation local authority transfers.

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  • Local Government Pensions Scheme Regulations 2013 and Continuing Impact of Previous Regulations: advice on their meaning with options for admission arrangements, agreements and draft bonds. This includes considering the alternative treatment of pensions deficits at contract start and end, the differences between open and closed agreements and Government Actuary Department (“GAD”) alternatives to LGPS admission.[

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  • Fair Deal for Staff Pensions and the Principles of Good Employment Practice: their implications for central government and multi-organisation staff transfers.

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  • Staff Transformation: Confidential advice and support on effective management of staff transformation and its implications particularly for senior staff. This support includes advising on settlement agreements which enable a pragmatic commercial approach to severing relationships.

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Snapshot of our track record

  • Our track record reflects the experience set out above and includes extensive advice and drafting on all aspects of Admission Agreements and Type of Admission (Open or Closed), Best Value Pensions Direction, TUPE Processes and Clauses, Two Tier Workforce and Confidential Matters.

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  • LGPS and Pension Deficits for Charities and Providers to Local Government: supported a number of charities and local authorities on the practical implications arising from the risk of insolvency during or at the end of their relationship with a local authority or several authorities and putting in place remedial plans.

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  • Re-structuring LGPS Admission Agreements: advice and detailed drafting about varying an existing admission agreement by a variation.

  • Training: specifically on TUPE/pensions either alone or as part of our wider training,

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Contact details

Léonie Cowen & Associates
30 Kingswood Avenue
Queens Park
London NW6 6LR

t: 020 7604 5870

e: admin@lcowen.co.uk

Authorised and regulated by the Solicitors Regulation Authority (No70444)