I agree We use cookies on this website to help us provide the best user experience. By browsing this site you agree to their use - more information is available here.

Barnett Waddingham
0333 11 11 222
Our team can lend their experience and expertise in an area of pensions where one size definitely does not fit all.

Pensions are expensive. If you take on staff as part of an outsourcing arrangement, from either the private or public sector, you may be responsible for some or all of employees’ historic pension promises. As a result, unexpected costs from these benefits could exceed any other margins in the contract price. It is therefore vital to make sufficient allowance for them in a contract tender to avoid exposing your business to substantial financial risks. We can help forecast and manage these costs by providing advice on:

  • pension risks involved in an outsourcing contract
  • allowances to include in contracts for pensions costs
  • negotiation of bulk transfer terms
  • analysis and modelling of future pensions costs

Even if you are only providing defined contribution pensions (which don’t usually create significant risks for the employer), there may be potential complications around redundancy costs (for example Beckmann costs for staff transferred under Transfer of Undertakings [Protection of Employment] - TUPE).


Outsourcing arrangements in connection with the LGPS are shaped to a large extent by the fund actuary. However, there can be significant value in taking separate actuarial advice. In particular, Barnett Waddingham’s commercial focus can help to improve the financial outcomes for contractors in many circumstances.

Some specific areas of advice that we provide to contractors in relation to the LGPS Admitted Body framework include:

  • understanding the implications of admission agreements
  • negotiating terms to sit alongside admission agreements
  • negotiating termination deficits at the point of exit
  • advice in relation to potential redundancy or early retirement costs
  • help in obtaining and maintaining GAD passports, or alternatively certifying broadly comparable schemes directly.

New Fair Deal guidance

Below are three bite-sized talks about the New Fair Deal guidance, which protects public sector employees’ pensions rights when their employment transfers to a new company.

This new guidance is intended to make it much easier for companies to outsource work from the public sector, reducing the financial impact of providing public sector-like pensions to employees who transfer.

This is really good news for all parties involved in outsourcing, but there are a number of things to watch out for when bidding for these contracts.

New Fair Deal

View the full series of our New Fair Deal guidance videos

Related knowledge and resources

  • An introduction to the new Fair Deal

    The new Fair Deal guidance, effective from October 2013, removed substantial barriers that previously prevented many firms from competing for public sector contracts.

  • Independent Providers of health services: NHS membership for previously non-qualifying staff

    The NHS Pension Scheme considers an employer an Independent Provider if it holds Standard, APMS, or local authority NHS contract. Since April 2014 IPs are able to apply to become an Employing Authority in the NHSPS.

  • LGPS pensions on outsourcing

    Authorities letting out a contract have a statutory obligation to ensure that transferring employees are provided with rights to acquire pension benefits that are the same as, broadly comparable to, or better than those that they had before the transfer.

  • Negotiating a termination deficit with an LGPS fund

    This case study highlights a number of issues for employers who are Admission Bodies in the LGPS, including managing deficit predictions and understanding how assets within the pension fund are allocated.

  • Negotiating better contract terms in the public sector

    Our client was a public sector body with its own LGPS fund, who required us to negotiate better contract terms for the bidders. It demonstrates the benefit of the commercial focus we can bring to the public sector arena.

  • Further support for Crisis at Christmas

    A raffle held at the Barnett Waddingham staff Christmas party has helped to raise additional financial support for Crisis at Christmas – the charity that aims to end homelessness and help change people’s lives for the better.

Updates delivered to you

Stay ahead with our latest comment, expert insight and event details.