FOI reference - FOI-65
Date - 6 January 2023
Request
You have requested the following information:
- The current London and if applicable, national and/or regional pay scales for your Grade 7 Lawyer (lawyer/associate level) and Grade 6 Lawyers (senior associate/senior lawyer) (or equivalent grades);
- A breakdown of all: (a) salary information for all G7 lawyers (or equivalent grade) with details of the lawyer’s sex, years of service and whether the lawyer is paid on the London, national and/or regional pay scale. If it is considered that providing years of service will result in a breach of the DPA, then we would be content to receive the pay information without this; and separately; (b) salary information for all G6 lawyers (or equivalent grade) with details of the lawyer’s sex, years of service and whether the lawyer is paid on the London, national and/or regional pay scale. If it is considered that providing years of service will result in a breach of the DPA, then we would be content to receive the pay information without this; and
- Job descriptions for G7/G6 (or equivalent grades).
Response
I can confirm that we hold the information you have requested. However, we are unable to supply some of the information requested for the reason(s) set out below.
Information we are able to supply
The Pensions Regulator (TPR) does not operate pay and grading arrangements that are aligned with Civil Service pay and grading structures. Thus, there is no mechanism to enable us to make a direct comparison between TPR lawyer grades and Civil Service Grade 6 and Grade 7 lawyer grades. As confirmed by yourself, you are happy for us to provide the equivalent TPR grades in which lawyers hold roles. Therefore, our responses are based on the lawyer roles that we have within our TPR Grade 5 (Business Lead) – Advisory and TPR Grade 6 (Principal) – Advisory, pay bands.
- The Pensions Regulator operates its own region-specific pay bands and within these our lawyer roles sit within the Advisory pay group, one of three pay groups operated by TPR. The pay bands are market tested annually using benchmarking data and pay intelligence from Korn Ferry.
The current pay bands for the TPR Grade 5 – Advisory and Grade 6 – Principal Advisory effective from 1st April 2022 are illustrated in the table below:
Advisory Pay Group
TPR grade Pay band minimum Pay band maximum Grade 5 – Business Lead £95,334 £124,071 Grade 6 – Principal £78,168 £101,731 - Details of salary and sex are provided in the spreadsheet attached for most of the TPR lawyers in our Grade 5 (Business Lead) - Advisory and Grade 6 (Principal) - Advisory pay bands.
- Role descriptions for the following posts have been provided for the below roles. The role descriptions are from the date a post was last advertised for.
- AE Lawyer – Grade 6 (Principal) – Advisory pay group – March 2022.
- Lead Lawyer – Grade 5 (Business Lead) – Advisory pay group – September 2022.
- Litigation Lawyer – Grade 6 (Principal) – Advisory pay group – February 2022.
- Pensions Lawyer – Grade 6 (Principal) – Advisory pay group – October 2022.
Information we are not able to supply
As envisaged in your request (“If it is considered that providing years of service will result in a breach of the Data Protection Act (DPA), then we would be content to receive the pay information without this”) we consider that providing years of service information, when taken together with the other information, could lead to identification of certain individuals. As such we are not able to supply it.
Where there are less than five employees within a role, details of salary, gender, length of service role and role descriptions have not been provided. This has resulted in nine staff details not being disclosed as part of your request. I can confirm this includes three at our TPR Grade 5 (Business Lead) – Advisory and 6 at our TPR Grade 6 (Principal) – Advisory.
This information is exempt from disclosure under section 40 (personal information) of the Freedom of Information Act. This is because the information constitutes personal data as defined in the General Data Protection Regulations (GDPR). Disclosing this would not comply with the data protection principles set out in the GDPR, in particular the requirement for processing to be fair, lawful and transparent (Article 5 (1)(a)), as well as to comply with one of the lawful bases for processing in Article 6.
Appendix 1: Details of salary and sex
| Grade | Sex |
|---|---|
| DB - 5 - Business Lead - Advisory | Female |
| DB - 5 - Business Lead - Advisory | Female |
| DB - 5 - Business Lead - Advisory | Female |
| DB - 5 - Business Lead - Advisory | Male |
| DB - 5 - Business Lead - Advisory | Male |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Female |
| G - 6 - Principal - Advisory | Male |
| G - 6 - Principal - Advisory | Male |
| G - 6 - Principal - Advisory | Male |
| G - 6 - Principal - Advisory | Male |
| G - 6 - Principal - Advisory | Male |
| G - 6 - Principal - Advisory | Male |
| G - 6 - Principal - Advisory | Male |
| G - 6 - Principal - Advisory | Male |
| G - 6 - Principal - Advisory | Male |
| G - 6 - Principal - Advisory | Male |
| G - 6 - Principal - Advisory | Male |
| G - 6 - Principal - Advisory | Male |
| G - 6 - Principal - Advisory | Male |
| G - 6 - Principal - Advisory | Male |
Appendix 2: AE Lawyer role description
TPR role: AE Lawyer
TPR grade: Advisory - 6
Reporting to: Lead Lawyer
Directorate: RPAA
Salary: between £76,635 and £101,731 per annum dependent on skills and experience.
About us
The Pensions Regulator (TPR) is responsible for protecting workplace pensions in the UK. We work with employers and those running pensions to help people save safely for their retirement.
We have a fantastic office located in the heart of Brighton that is a short distance from the train station, shops and the sea.
We put our 700+ employees first by supporting flexible working and offering a diverse, lively and inclusive environment. This includes LGBT+ Network (PROUD), Women’s Network, BAME Network (ME), and a Disability Network, which offer supportive spaces to connect.
We are committed to making TPR a great place to work. We do all we can to support our people reach their full potential with training, secondment and development opportunities
Role
We’re looking for a lawyer for the Automatic Enrolment (AE) team to provide high quality AE-related pensions law and litigation advice. You will identify issues that may affect the AE team, provide advice on those issues and escalate, where appropriate, those issues to the AE Lead Lawyer. You will work collaboratively as part of the AE team and with other lawyers within TPR and you will support the management of TPR’s legal knowledge base. The role will also involve providing training on areas of legal expertise and supporting the effective communication across non-legal teams, for example policy, case teams and communications. The role requires a knowledge of public law, civil and/or regulatory litigation. It will include analysing evidence and preparing cases for Tribunals and potentially the appellate courts.
Responsibilities
You will:
- provide legal advice in answer to complex compliance enquiries from internal and external stakeholders (including enforcement technical specialists, employers, intermediaries and their professional advisers)
- provide legal advice on the Regulator’s statutory enforcement powers and the use of those powers in litigation, and analyse information to provide advice on the development of case strategies
- prepare cases, including the drafting of necessary documents, to be handed over to the Regulator’s decision makers, determinations panel, First Tier and Upper Tribunals, Administrative Court, Criminal Courts or other appellate courts and provide advocacy as necessary
- provide high quality robust legal advice predominantly in relation to AE-related pensions legislation to the AE directorate, which will include interpretative advice on novel and existing legislation provisions, the development of policies, proposed legislation, industry focused guidance, codes of practice and reviewing external communications with a view to meeting the Regulator’s statutory objectives
- advise on the use of regulatory enforcement powers and related procedures in order to support the development and operationalisation of TPR policy, strategy, casework processes and investigation procedures
- provide specialist advice, knowledge management and training to additional business units on individual specialisms (including public law, civil enforcement, criminal law, judicial review, DPA and FOIA legislation)
Essential and desirable criteria
- Qualified lawyer with extensive experience relevant to the role with a current UK practising certificate.
- Experience in civil litigation, including advocacy, for example regulatory law or Tribunal litigation.
- Experience of public law or regulatory decision making.
- Experience in instructing Counsel and working closely with Counsel.
- Experience of legal risk mitigation strategies.
- Experience of regulatory impact on industry, for example employers/third parties.
- Relevant legal knowledge of, for example, Pensions Act 2004, Pensions Act 2008 and related subordinate legislation.
- Understanding of regulation principles and best practice.
Person specification
- Identify, prioritise and plan effectively – Mentor.
- Deliver appropriate outcomes in line with our objectives – Mentor.
- Evaluate, learn, adapt and improve – Mentor.
- Understand our audience –Experience.
- Communicate clearly – Mentor.
- Build good working relationships – Mentor.
- Respect others – Mentor.
- Take responsibility – Mentor.
- Behave professionally – Mentor.
Appendix 3: Lead Lawyer role description
Role title: Lead Lawyer
TPR grade and group: Advisory 5 – Business Lead
Reporting to: Head of Legal Services
Directorate: RPAA
Salary: between £93,465 and £124,071 per annum dependent on skills and experience, plus excellent benefits package
About us
More than half the UK working population rely on The Pensions Regulator (TPR) to regulate their retirement savings. With a career at TPR, you’ll be joining an organisation that will impact on millions of lives for decades to come.
Everyone at TPR plays an important role in helping to keep more than £2 trillion of savings safe. We’re committed to bringing people into TPR who are ready to make a difference and put UK savers at the heart of what we do.
It is important to us that TPR remains a great place to work. We do all we can to help our people reach their full potential with learning, secondment, and development opportunities. We put our 900+ employees first, supporting flexible working and offer a diverse, lively, and inclusive environment. This includes our Disability Network, Family Network, LGBT+ Network (Proud), and Women’s Network, which offer spaces to connect.
Our new Corporate Strategy outlines a bold and challenging vision of how pensions regulation should evolve to keep pace with a change in the scale and nature of the industry. We are at the start of that journey. Join us to find out what part you can play.
We operate a hybrid working model, subject to government guidelines, where regular attendance in our Brighton office is required. Attendance in the office is team and role dependent.
Role
We’re looking for a Lead Lawyer for an interim period to work within the Legal Services team to oversee and contribute to cases and policy workstreams which are of a strategic significance and to escalate as appropriate and provide peer review for lawyers; line manage including performance management and development, to contribute to significant regulatory work and be a key member of relevant management teams.
Responsibilities
You will:
- line manage and lead a team of lawyers including performance management, dealing with high and poor performance; development and training; maintaining a skills matrix; lead on recruitment activities; matters for escalation and decision-making; work alongside the business with regard to work and project allocations for pensions lawyers
- provide peer review of significant pieces of legal advice, acting as a mentor to other lawyers as necessary
- be involved in high-risk and high-profile cases including providing advice to case teams and our other operational areas as requested, including advising on TPR’s statutory powers, and analysing information to provide legal advice on the possible use of TPR’s statutory powers
- oversee the provision of strategic and operational advice to support policy and other work including implementation of developed policies and new legislation, and other work streams (for example, reviewing external communications and lines to take) as requested
- identify new/emerging significant legal issues relevant to TPR’s legal approach or case portfolio or policy approach and to escalate/share/resolve those issues as appropriate
- ensure legal issues which may be of relevance to other areas of TPR are identified and shared
- work to ensure appropriate and timely allocation of work to lawyers
- ensure open and positive working relations between the Legal Services team and all other areas of TPR
- share knowledge of law, best practice and successful interventions with peers and across the organisation as may be required
- be a part of the Lead Lawyer team and contribute to the strategic and organisational work that is carried out by the Lead Lawyers
- play an active role as a member of relevant management teams including contributing to strategic decisions and identify new or emerging legal issues relevant to the team or the Regulator’s approach
- to share or resolve those issues as appropriate and to work collaboratively across the Regulator to agree our approach(s)
- be actively involved and support operational change activity
Essential criteria
- Qualified lawyer with current practicing certificate for the UK experienced in at least one of: pensions law; commercial or regulatory litigation and/or public law.
- Experienced in instructing counsel and working closely with counsel.
- Good knowledge of regulatory principles, best practice and regulatory impact on schemes as well as diagnostic regulatory tools; risk mitigation strategies and techniques.
- Awareness of pensions environment strategic trends and issues.
- Some experience of leadership and line management including performance management and development of team members is desirable.
- Person specification
- Proactive and flexible.
- Ability to prioritise and use initiative.
- Negotiating skills.
- Calm under pressure.
- Communication skills at all levels.
- Leadership skills.
Salary and benefits
As well as a salary between £93,465 and £124,071 we offer:
- Civil Service Pension arrangements, which are recognised as some of the best in the pensions world
- discretionary bonus arrangements
- access to performance related pay progression
- 25 days annual leave provision
- flexible working arrangements
- development opportunities
- enhanced parental leave arrangements
- a free employee assistance programme
- an excellent office location in Brighton
Appendix 4: Litigation Lawyer role description
Role title: Litigation Lawyer
TPR grade: Advisory 6 - Principal
Reporting to: Business lead – Litigation Lead Lawyer
Directorate: Regulatory Policy, Analysis and Advice
Salary: between £76,635 and £101,731 per annum dependent on skills and experience.
Closing date: 6 March 2022
About us
The Pensions Regulator (TPR) is responsible for protecting workplace pensions in the UK. We work with employers and those running pensions to help people save safely for their retirement.
We have a fantastic office located in the heart of Brighton that is a short distance from the train station, shops and the sea.
We put our 800+ employees first by supporting flexible working and offering a diverse, lively and inclusive environment. This includes LGBT+ Network (PROUD), Women’s Network, BAME Network (ME), and a Disability Network, which offer supportive spaces to connect.
We are committed to making TPR a great place to work. We do all we can to support our people reach their full potential with training, secondment and development opportunities.
We are still working remotely and are transitioning to a hybrid working model by April 2022, subject to government guidelines. Please note our contractual working location is Brighton.
Role
We’re looking for an experienced Litigation Lawyer with strong commercial litigation experience and a good understanding of regulatory litigation.
Working closely with the Legal and Frontline Regulation teams you will provide advice and support on operational and policy matters to ensure probity, compliance with legislation and procedural rules, risk is managed appropriately, and cases are managed proportionately in accordance with PACCT principles and as effectively as possible. You will also provide advice organisationally to key stakeholders across TPR at all levels, including the CEO.
Your advice will be high-quality, consistent, timely, commercial and pragmatic and will cover legal issues as well as legal risk on a wide range of subjects, and in particular litigation related matters.
You will direct and support complex, large and high-profile/high-risk commercial negotiations and be able to represent and support TPR both internally and externally in a number of fora and proceedings. You will play an important role in the legal services team, contributing to the knowledge management system and providing TPR-wide training on areas within your remit as appropriate.
Responsibilities
You will:
- provide high-quality, timely, consistent and pragmatic legal advice to a range of different stakeholders
- identify and advise on client decisions that create unmanaged legal risk and/or legal risk beyond TPR's risk appetite statement
- provide advice on TPR’s statutory powers and which facilitates the effective progression and management of cases, to meet statutory and policy objectives and organisational priorities
- contribute to the development of case strategies, including for high-risk, high-profile and complex cases, where the use of TPR’s statutory powers is being considered
- advise and support, and provide lead litigation support as necessary, regulatory investigations, in conjunction with external experts, other legal advisers and suppliers
- advise on effective analysis of voluminous and complex material and compliance with disclosure obligations
- prepare cases for submission to the Regulator’s Determinations Panel, or brought in the High Court or Administrative Court and/or under appeal to higher courts such as the Upper Tribunal or Court of Appeal under applicable rules;
- ensure regulatory notices, statements of case, associated materials and written submissions, whether drafted internally by you, the client, or by counsel are appropriate and effective
- attend and effectively support counsel in preparation and at Determinations Panel hearings and court/tribunal hearings
- have experience and be willing to conduct advocacy at hearings and other regulatory/civil and other relevant fora (subject to rights of audience)
- contribute to the internal legal knowledge management system and assist in the supporting, learning and development of colleagues and clients through formal or informal training as required
Essential and desirable criteria
- Extensive experience as a solicitor or barrister with a current practicing certificate in England and Wales.
- Comprehensive post qualification experience of providing consistent, clear, audience tailored, risk-based legal advice on a range of commercial and regulatory litigation matters, including high-risk/high-profile, complex cases, such as insolvency/restructuring, fraud, financial misconduct or other relevant context, as well as substantial technical knowledge of those areas and applicable legislation.
- Detailed and tactical working knowledge of investigative processes, procedure rules and associated court and hearing practices and procedures.
- Comprehensive and relevant experience of working with other regulatory, investigatory, and prosecuting bodies (such as the FCA, HMRC and Insolvency Service) and of applying the Regulators Code and PACCT principles.
- Some knowledge of criminal litigation and willingness to develop and expand experience in this area.
- Knowledge of pensions legislation, as well public law Equality Act 2010, Data Protection Act 1998, Human Rights Act 1998, FOI Act 2000.
- High awareness of current litigation precedents and developments, as well as strategic trends and issues.
- Demonstrable ability to understand and support the needs and aims of TPR, with ability to present the organisation’s views both internally and externally, including assisting fellow internal advisers and experts to present their outputs.
- Highly organised, creative, resilient and self-motivated and able to prioritise a full portfolio of work and competing deadlines.
- Excellent advocacy, negotiation and persuasive skills with a proven ability to influence, both orally and in writing, with experience of leading meetings and negotiations and presenting internally and externally at all levels.
- Extensive experience of handling difficult situations and acting under pressure, including explaining the impact of unmanaged legal risk.
Person specification
- Proactive and flexible.
- Ability to prioritise and use initiative.
- Problem solving and analytical skills.
- Negotiation and communication skills at all levels.
- Attention to detail and accuracy.
- Approachable and a team player.
Appendix 5: Pensions Lawyer role description
Role title: Pensions Lawyer
TPR grade: Advisory 6 - Principal
Reporting to: Lead Lawyer
Directorate: RPAA
Salary: starting from £78,168 per annum dependent on skills and experience
About us
More than half the UK working population rely on The Pensions Regulator (TPR) to regulate their retirement savings. With a career at TPR, you’ll be joining an organisation that will impact on millions of lives for decades to come.
Everyone at TPR plays an important role in helping to keep more than £2 trillion of savings safe. We’re committed to bringing people into TPR who are ready to make a difference and put UK savers at the heart of what we do.
It is important to us that TPR remains a great place to work. We do all we can to help our people reach their full potential with learning, secondment, and development opportunities. We put our 900+ employees first, supporting flexible working and offer a diverse, lively, and inclusive environment. This includes our Disability Network, Family Network, LGBT+ Network (Proud), Minority Ethnic (ME) Network and Women’s Network, which offer spaces to connect.
Our new Corporate Strategy outlines a bold and challenging vision of how pensions regulation should evolve to keep pace with a change in the scale and nature of the industry. We are at the start of that journey. Join us to find out what part you can play.
We operate a hybrid working model, subject to government guidelines, where regular attendance in our Brighton office is required. Attendance in the office is team and role dependent.
Role
We’re looking for a legal advisor, providing specialist pensions law advice, in relation to all types of occupational pension schemes. The successful candidate will have the opportunity to advise in relation to regulatory activity as well as policy initiatives within the regulatory policy directorate, which encompasses a broad range of activity.
Responsibilities
You will:
- provide robust, legal advice to the Regulator which will include advice on the development and review of regulatory codes and guidance, implementation of new legislation and on the availability of the Regulator’s powers to deliver mitigations to the risks to good member outcomes and take enforcement action where appropriate
- contribute to the development of well-informed, consistent legal lines to take drawing on external advice as necessary
- support the Head of Legal Services and Lead Lawyers
- provide legal risk mitigation advice in particular in relation to the development of operational policies and working processes and specialist consultancy in additional areas of individual specialisms (including public law, equality, judicial review risk mitigation, DPA and FoIA legislation including in relation to public service pension schemes)
- enable lines of business to manage public law risk through training and embedding of public law principles
- provide legal advice and analysis on cases for submission to the Determination Panel, Tribunals and the Courts
Essential and desirable criteria
- Current legal practising certificate in England and Wales.
- Relevant legal knowledge including: recent experience advising on Trust Law, Pension Schemes Acts 1993, 2015 and 2017, Pensions Acts 1995, 2004, 2008, 2011and 2015, Public Service Pension Schemes Act 2013 and working knowledge of Data Protection Act/Freedom of Information principles.
- Demonstrable recent previous experience of advising trustees and employers of occupational pension schemes and detailed knowledge of the challenges facing pension schemes.
- Knowledge of the operation of master trusts.
Person specification
- Identify, prioritise and plan effectively – Mentor.
- Deliver appropriate outcomes in line with our objectives – Mentor.
- Evaluate, learn, adapt and improve – Mentor.
- Understand our audience –Experience.
- Communicate clearly – Experience.
- Build good working relationships – Mentor.