Paula Warnock
With over 15 years' experience, Paula has a wealth of pensions knowledge, advising trustee, corporate and individual clients, covering all aspects of the operation of pension schemes. Her experience includes advising on funding negotiations, scheme mergers, complex scheme restructurings, outsourcing from the public sector and closing defined benefit schemes.
She has extensive knowledge of drafting scheme documentation for defined benefit, defined contribution and career average schemes.
Paula's recent cases include advising on member disputes through the Courts and Pensions Ombudsman, winding up solvent and insolvent schemes, liability and risk management, section 75 debt issues (along with alternatives to paying a debt) and corporate transactions.
Paula is a member of the Association of Pension Lawyers and a committee member of the North West Association of Pension Lawyers Regional Group, arranging seminars and networking events in the North West. Paula is also an Associate of the Pensions Management Institute having completed the associateship examinations and has completed the Pensions Management Institute Certificate in Auto-enrolment.
1 Contributions by Paula Warnock
PRACTICE NOTES
TUPE pensions exception case law: Beckmann, Martin and Procter & Gamble—early retirement benefits, transferee obligations and valuation uncertainties
On the transfer of part or all of a business
When part or the whole of a business is transferred, staff move from the current employer (the transferor) to the incoming employer (the transferee). European laws were created to safeguard transferring employees’ rights in these situations, initially via the EU Acquired Rights Directive 77/187/EEC (ARD 1977), later repealed and supplanted by the archived Acquired Rights Directive 2001/23/EC (ARD 2001). In this Practice Note, these are together called the ARD Directives. The ARD Directives were given effect in the UK by the Transfer of Undertakings (Protection of Employment) Regulations 1981, SI 1981/1794, subsequently revoked and replaced by the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006). Although UK implementing laws such as TUPE 2006 form part of domestic law, the underlying directives themselves do not. The directives are not part of UK domestic law. Mirroring the ARD Directives, both sets of TUPE Regulations include carve-outs for occupational pension benefits relating to 'old age, invalidity or survivors'. Accordingly, unlike other rights and obligations arising under or connected with an employment contract, the employment relationship, or a collective agreement, those pension benefits do not transfer on a TUPE transfer...
Pensions
If you expected to see yourself on this page, click here.
