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Richard Lee

Partner
Richard Lee

Head of the Combined HR Solutions (CHRS) team, specialising in advising on the legal links between pensions and employment law, as well as advice on workplace change and HR law.

Tel: +44 (0)121 260 9831
Email: richard_lee@wragge.com

Services: Employment, Pensions

Best brains in...

The HR world! The massive and relentless change in the UK/EU workplace provides huge opportunities. We have taken employment law concepts and applied them in pensions scenarios to produce market-leading innovation for HR, pensions and legal teams.

Highlight of your career so far?

Building the CHRS team in response to the ongoing changes in HR law. The team advises on the full range of HR law, including workplace pension reform, discrimination in pensions and benefits, default retirement age, benefit restructuring projects and major consultation exercises.

We are market leaders in advising on workplace pension reform, resulting in our appointment as primary pensions law advisers to the National Employment Savings Trust (NEST).

Most challenging job you've ever done?

Obtaining informed consent from more than 5000 active members of a French-owned group's nine UK defined benefit schemes in order to introduce benefit structure changes across the board.

Union involvement and more than 30 different employers, together with restrictive powers in the schemes, added to the overall challenge.

What about outside the UK?

The CHRS team advised a major international airline and its agents on its restructuring. We also advised in relation to its expatriate employees, involving benefit provision and jurisdictional issues in the EU.

Dedication to client care? Prove it!

We advised the CEO of a major international corporate in relation to the re-negotiations of his pension arrangements following the changes to pensions tax relief. Negotiations were highly complex and fast moving (as was the CEO!) with discussions continuing over the weekend and timezones, while liaising with the senior reward team and the board.

We also advised the trustees of the two Emap final salary schemes on the buyout with Paternoster. It was the first deal of its kind and as a pre-cursor to the break-up and sale of Emap plc, we were working to a very short timetable. The team went "above and beyond" to ensure the buyout was completed within the tight timeframe and a watertight position was achieved for the trustees (and members).

Best example of a creative legal solution?

We regularly advise on implementation of the retention of employment (RoE) model in relation to TUPE and the interaction with statutory pension debt ("section 75") provisions. This solution means that employees do not transfer out of the participating employer and this prevents a section 75 debt being triggered, allowing internal and external re-organisation to proceed while permanent pensions solutions are investigated.

When have you ever given a client a real competitive edge?

The CHRS team leads the firm's thinking on age discrimination and the default retirement age and has run numerous interactive workshops on the subject. The workshops ensure joined-up thinking for clients' HR, pensions and legal terms in relation to: later working lives, flexible retirement, benefit provision beyond normal retirement age and age compliance. This 'looking around corners' approach allows clients to plan for the constantly change "HR universe".

What's your single greatest contribution to Wragge & Co's corporate responsibility?

Taking part in the annual Dragon Boat race on the canals of Birmingham to raise money for the NSPCC. Not a stretch of water you really want to fall into!

What's been written or said about you that you're most proud of?

"If there were 100 of Richard and his CHRS team we would find a use for all of them." Natalie Wignall, Project Manager, Thales UK.

Alerts

03.02.12

Workplace pension reform - firing the starting pistol

The Department for Work and Pensions yesterday announced a batch of regulations that make up some of the final pieces in the jigsaw of workplace pension reform.

13.12.11

Racing for the finish line - the comprehensive guide to workplace pension reform. Part three - administering the reforms

Employers in the UK will have to cope with major reforms to workplace pensions that will be implemented from October 2012. The reforms will affect all employers, irrespective of their size or type of business.

29.11.11

Staging fright - delays to auto-enrolment staging dates and phasing confirmed

Workplace pension reform received some much needed certainty at the beginning of the month when the Pensions Bill received royal assent. We now close November with further uncertainty with the Government's confirmation that two key elements of workplace pension reform will be delayed.

23.11.11

Racing for the finish line – the comprehensive guide to workplace pension reform. Part two - implementing the reforms

Employers in the UK will have to cope with major reforms to workplace pensions that will be implemented from October 2012.

16.11.11

Racing for the finish line - the comprehensive guide to workplace pension reform. Part one - employer duties

Time is running out for employers to get ready for workplace pension reform.

08.11.11

Pensions Act 2011 - it is here, are you ready?

On 3 November 2011, the Pensions Bill received royal assent. Among other provisions, the Pensions Act 2011 makes changes to the Pensions Act 2008 and finalises the primary legislation for workplace pension reform.

31.10.11

2012 workplace pension reforms - a new set of employee rights?

The Government's workplace pension reforms (due to be introduced in 2012) will have an impact on employment law as well as pensions law. The new legislation will prevent employers from encouraging employees to opt-out of the auto-enrolment provisions.

08.09.11

The Finance Act 2011- restrictions and flexibilities

The Finance Act 2011 received Royal Assent on 19 July 2011. It restricts the amount of tax privileged savings available to individuals.

06.09.11

Calm before the storm: why issues around the default retirement age should still be firmly on the radar

The European Court of Justice case of Fuchs v Land Hessen appears to have reassured employers and commentators that objective justification in retirement age cases is a relatively low hurdle to overcome, and that at present it is best to sit tight and wait to see where the land lies.

16.03.11

Default retirement age: last orders please

Employers wishing to rely upon the current default retirement age regime have only days left to do so. The date for the phasing out of the DRA - 6 April 2011 - is fast approaching.

20.01.11

Calling time on the default retirement age

The Department for Business Innovation and Skills has confirmed its plans to phase out the default retirement age from 6 April 2011. Full abolition will come in from 1 October 2011.

11.01.11

Reduced allowances - refinements

On 9 December 2010 the Government published a consultation on its draft Finance Bill 2011.

21.12.10

Time is running out...

The Confederation of British Industry has urged the Government to clarify its proposal on phasing out the statutory default retirement age and how it will respond to the concerns raised by businesses in relation to it. Draft Regulations are expected early in 2011, so employers need to get ready now.

28.10.10

Green light for compulsory pension provision

Workplace pension reform emerged this week relatively unscathed from a government review of the policy (Making automatic enrolment work: A review for the DWP).

14.10.10

Restricting pensions tax relief - the new regime from 6 April 2011

The wait is over. We knew that tax privileged pension saving was going to change and now we know the key features of the reforms.

01.10.10

A drop in carriage clock sales? Time called on default retirement age

The Department for Business Innovation and Skills and the Department for Work and Pensions have issued a joint consultation on the Government's proposal to phase out the default retirement age.

25.06.10

The Coalition Government's first Budget - high earners and pensions: an update

Mr Osborne delivered his first budget amid much speculation as to precisely what he would do with regard to various issues in the pensions arena, particularly the restriction of tax relief on pension contributions for "high earners".

15.06.10

High earners and pensions

High earners need to consider carefully their pension arrangements. This is because Mr Darling, when he was Chancellor of the Exchequer under the last administration, paved the way for the introduction of a new charge on pension contributions.

04.06.10

Workplace pension reform: the devil in the detail

From 2012 all employers will have to enrol all eligible workers into a pension scheme. For the first time employer contributions will be mandatory.

19.04.10

Agency workers and pensions: there's no escaping 2012 Workplace Pension Reform!

The Agency Workers Regulations 2010 (the Regulations) are due to come into force in October 2011. This is the Government's way of achieving "flexisecurity" for agency workers.

08.02.10

Feathering the NEST egg - the final shape of workplace pension reform

Costly changes are coming which will affect employers and pension schemes.

08.10.09

Personal accounts and auto-enrolment - what does this mean for you? (Pensions)

Pension scheme trustees and managers need to be ready for big changes in workplace pension provision, due to arrive in 2012, as reforms a decade in gestation finally come to fruition.

08.10.09

Personal accounts and auto-enrolment - what does this mean for you? (Employment)

Employers, human resource managers and financial directors need to be ready for big changes (and big costs) in workplace pension provision due to arrive in 2012 as reforms, a decade in gestation, finally come to fruition.

30.09.09

Heyday challenge fails: UK default retirement age is legal .... for now

The High Court decided last Friday that it is lawful for employers to compulsorily retire employees at age 65. However, this may be a pyrrhic victory for the Government.

19.08.09

Unfair dismissal - pensions benefits are not unique says the Court of Appeal

A former employee immediately obtained a new job after being unfairly dismissed. As expected, the Tribunal did not award compensation for future loss of earnings. Unexpectedly, the EAT did agree that ongoing pension loss could nonetheless be considered.

06.08.09

Changes to pensions schemes: potential pitfalls for high earners

Where a company is looking at making a material change to the way in which benefits under its pension scheme are provided after 22 April 2009 or proposing to introduce a new arrangement there could be adverse tax consequences for high earning individuals.

22.07.09

Personal accounts - a pensions revolution

Employee pension enrolment and employer contributions are to be made compulsory as part of the Government's attempt to tackle the UK's looming demographic crisis.

11.06.09

Budget 2009 - restricting tax relief for pension contributions - watch out just who it will catch

The Government has introduced a new measure to restrict tax relief for pension savers earning over £150,000 per year to the basic rate of tax of 20%. This has generated much publicity but just who could this affect?

03.04.09

Unfair dismissal - think twice before dismissing members of a final salary scheme

In a case in February, the Employment Appeal Tribunal confirmed that a tribunal is entitled to differentiate between a final salary pension scheme and a money purchase scheme when awarding compensation to an unfairly dismissed employee.

12.12.08

Revaluation cap reduction delayed to 6 April 2009

The Department of Work and Pensions has just announced that the planned drop in the revaluation cap will now be available for rights earned from 6 April 2009 rather than from 1 January 2009, as originally envisaged.

24.10.08

Pensions Act 2008 - How will this affect you?

The government is expected to pass the Pensions Bill 2008 (the "Bill") into law in November to become the Pensions Act 2008. This will set in motion changes that will affect over 10 million employees in the UK.

17.09.08

Redundancy, discrimination and industrial meltdown

It's tough out there. Redundancies are at the forefront of many employers' minds. Unfortunately tribunal decisions reveal that redundancy policies might well break age discrimination laws.

 

Press releases

12.10.11

Wragge & Co advises on £120 million pension scheme buy-out

Wragge & Co's award-winning Pensions team has advised the trustees of the £120 million, 6,000-member EMAP Flexiplan pension scheme on its buy-out by Standard Life and its ultimate wind-up.

10.06.11

Wragge & Co appointed as primary pensions legal adviser to NEST Corporation

Wragge & Co has been appointed as the primary pensions legal adviser to NEST (National Employment Savings Trust) Corporation. NEST Corporation is the trustee body responsible for running the NEST pension scheme.

30.01.09

Wragge & Co advises De Rigo on Dollond & Aitchison and Boots Opticians merger

Wragge & Co LLP has advised De Rigo, Italian parent company of Dollond & Aitchison, on creating the UK's second largest optical chain. De Rigo and Alliance Boots have agreed to merge Dollond & Aitchison and Boots Opticians.

18.07.08

Wragge & Co named European Pensions Law Firm of the Year

Wragge & Co LLP is the European Pensions Law Firm of the Year. The firm saw off strong competition from UK and international firms to secure victory at the first European Pensions Awards ceremony last night.

16.05.08

Creativity during the crunch

During periods of economic uncertainty, human resources spending is often the first area cut, but creative thinking by astute HR professionals could produce more effective results for a business than reducing employee numbers.

09.05.08

Swann v GHL - tribunal finds flexible benefits are not age discriminatory

Employers and HR directors should be relieved at a tribunal decision clarifying the issue of age discrimination in employee benefits packages.

15.04.08

Wragge & Co enhances human resources capability with new partner

Wragge & Co LLP has expanded its Human Resources group with the appointment of Richard Lee as partner from 1 May 2008.

 

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