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This Checklist outlines the requirements for selecting or appointing negotiating representatives for the purposes of the Information and Consultation of Employees Regulations 2004 (ICER 2004), SI 2004/3426. For broader guidance on representatives under ICER 2004 generally, see Practice Note: ICER employee representatives. For further guidance on ICER 2004, refer to Practice Note: The Information and Consultation of Employees Regulations 2004. Government guidance issued in 2006 has been archived but remains a useful source, particularly as the regulations themselves offer limited detail on the matters addressed in this Checklist. See also the Acas guidance on informing and consulting on workplace matters. General requirements Following a valid employee request, the employer must, as soon as reasonably practicable, put in place arrangements enabling employees to appoint or elect negotiating representatives to negotiate the information and consultation arrangements to be implemented. The arrangements made by the employer must be practical and aimed at the effective representation of all employees, ensuring that the authority granted to the negotiating representatives is...
Government sets out plans to reform public financial guidance for consumers In March 2016, the government published a consultation paper outlining a proposal to replace MAS, TPAS and Pension Wise with a fresh delivery model. It is inviting views on how the services should be established and assessed, and on creating effective links between the two new guidance bodies and the broader sector, so that consumers can move seamlessly between guidance and advice providers. Views are requested on service design, assessment, and building links with the wider sector. The consultation closes on 8 June 2016. What is the background to this? The government states that it wants consumers to have access to high-quality, impartial, levy-funded, free-to-client financial guidance (public financial guidance). In October 2015 it launched two reviews—the Financial Advice Market Review (FAMR—a joint review with the Financial Conduct Authority) and the Public Financial Guidance consultation. The reviews shared the objective of ensuring consumers can access the help they need to make effective financial decisions. The Public...
In this issue: Scheme amendments, mergers and de-risking Disclosure requirements Disputes, discrimination and divorce Dates for your diary Trackers Scheme amendments, mergers and de-risking FRC to issue post-Virgin Media guidance for actuaries once Pension Schemes Bill in force The Financial Reporting Council (FRC) has outlined plans to produce technical guidance to assist scheme actuaries in giving confirmations on pension scheme amendments, following the Court of Appeal ruling in Virgin Media Ltd v NTL Pension Trustees II Ltd [2024] EWCA Civ 843. That judgment held that past changes to contracted-out defined benefit schemes made between 1997 and 2016 are void unless a contemporaneous written actuarial confirmation under section 37 of the Pension Schemes Act 1993 was obtained at the point of change. Provisions in the Pension Schemes Bill currently before Parliament will allow confirmations to be given retrospectively, enabling scheme actuaries to confirm that historic benefit alterations implemented by schemes satisfied the required standards. In preparing the...