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Employment & Pensions

United Kingdom

For your business to be successful, you must manage your employees and their benefits as well as your employee representatives such as works councils and unions. Employers with occupational pension schemes also need to work with scheme trustees to manage liabilities, risk and member expectations.

Employment and pension law in the UK is complex, and our team of award-winning employment and pensions specialists can help you navigate the maze of regulations, new law, policy documents, pension fund structures and other legal complexities you must contend with on a daily basis.

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    Employee Incentives

    CMS has the largest number of partners dedicated to employee share plans in a City law firm. With over forty years’ combined experience as partners in their field, our team also stands out for the range of work it does. We each advise FTSE100 and multinational companies on their share plans and the public company M&A work that goes with that, but also advise start-ups, particularly in the tech and life sciences sectors and other companies which are private equity owned. We will work together with you to maximise the opportunities to reward employees in as tax-effective a way as possible and deliver their rewards cost-effectively.

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    Employment

    No business can succeed without an effectively managed workforce. However, handling executive contracts, workplace grievances and disputes, reorganisations and restructurings, and employee competition within a constantly evolving legal framework is challenging. If your business crosses borders, you will be faced with additional legal hurdles.

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    Pensions

    Our award-winning pensions team is experienced in advising trustees, employers, consultants and insurers on all aspects of pensions law. As well as day-to-day advice, we have particular experience advising on benefit redesign, scheme closures and liability reduction. We are industry-leaders in longevity hedging, buy-in, buy-out, asset-backed funding, funds and corporate restructuring. Unlike other pension law practices, we also work on litigation, as this enables us to brief clients in full on any potentially contentious issues and provides a balanced approach to our advice.

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    Workplace Mediation

    Conflict at work can be extremely time consuming and frustrating. It can also be expensive, particularly if it leads to absence and litigation. Many HR managers tell us that wish they could turn to an in-house mediation team and ask for help, but they don’t have the resources available.

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    Law-Now: Em­ploy­ment
    Vis­it Law-Now for leg­al know-how and com­ment­ary
    Law-Now: Pen­sions
    Vis­it Law-Now for leg­al know-how and com­ment­ary
    5 Golden Rules for Gender Pay Gap Re­port­ing
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    10/04/2018
    CMS On your radar
    Key em­ploy­ment is­sues across Europe and bey­ond
    18/06/2019
    Caster Se­menya - testoster­one, sex, and a ques­tion of pro­por­tion­al­ity
    On Monday 3 June 2019, the Fed­er­al Su­preme Court of Switzer­land pro­vi­sion­ally sus­pen­ded the ap­plic­a­tion of new rules which would have re­quired South Afric­an run­ner Caster Se­menya to re­duce her blood testoster­one level in or­der to com­pete in cer­tain ath­let­ics.
    06/09/2017
    CMS On your radar - Septem­ber 2017
    Key em­ploy­ment is­sues world­wide
    18/06/2019
    By­passing col­lect­ive bar­gain­ing
    In an im­port­ant de­cision for em­ploy­ers who re­cog­nise trade uni­ons, the Court of Ap­peal ruled in Kostal UK Ltd v Dale Dunkley that it was not un­law­ful for an em­ploy­er to by­pass the uni­on and make a dir­ect of­fer to em­ploy­ees.
    07/06/2017
    CMS On your radar - June 2017
    Key em­ploy­ment is­sues across Europe and bey­ond
    18/06/2019
    Is an in­tel­li­gent AI tool right for your busi­ness?
    The Na­tion­al Cy­ber Se­cur­ity Centre has re­cently re­leased guid­ance on as­sess­ing in­tel­li­gent tools for cy­ber se­cur­ity (avail­able here). This guid­ance provides a valu­able op­por­tun­ity for busi­nesses of any size to re­flect on how they should (or equally, should.
    20 March 2017
    CMS ad­vises Pat­ron Cap­it­al on sale of Gen­er­at­or Hos­tels
    11/06/2019
    CJEU de­cision tight­ens work­ing time reg­u­la­tions
    EU em­ploy­ers must now keep de­tailed re­cords of their em­ploy­ees’ work­ing hours, fol­low­ing a re­cent rul­ing by the Court of Justice of the European Uni­on (CJEU). Na­tion­al law­makers face the chal­lenge of en­sur­ing com­pli­ance across di­verse in­dus­tries and vary­ing.
    06/06/2019
    The Bribery Act 2010 in Scot­land: where are we now?
    De­scribed earli­er this year by the House of Lords Se­lect Com­mit­tee as hav­ing cre­ated “an in­ter­na­tion­al gold stand­ard for anti-bribery and cor­rup­tion le­gis­la­tion”, the com­ing month will mark the eight year an­niversary of the Bribery Act 2010 com­ing in­to force.
    05/06/2019
    Court of Ap­peal provides clar­ity on shared par­ent­al pay
    The Court of Ap­peal has ruled that there was no dis­crim­in­a­tion where men tak­ing shared par­ent­al leave did not re­ceive en­hanced rates of pay in cir­cum­stances where wo­men on ma­ter­nity leave were paid a high­er rate.
    28/05/2019
    D&O In­sur­ance: Anti-suit in­junc­tion gran­ted to sup­press US-is­sued...
    The Com­mer­cial Court has gran­ted an ap­plic­a­tion by a D&O in­surer for an anti-suit in­junc­tion against an in­di­vidu­al claim­ing to be an in­sured un­der the D&O policy. The de­fend­ant ‘in­sured’ (who him­self was fa­cing a claim for cur­rency ma­nip­u­la­tion and col­lu­sion).
    28/05/2019
    Busi­nesses face stricter com­pli­ance and harsh­er pen­al­ties un­der the...
    The Home Of­fice com­mis­sioned Rt Hon Frank Field MP, Bar­on­ess Eliza­beth But­ler-Sloss and Maria Miller MP to re­view the op­er­a­tion and ef­fect­ive­ness of the Mod­ern Slavery Act 2015 (the “Act”) and to re­com­mend im­prove­ments.