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05

Philip Green slams TPR's comments on BHS pensions

Open-access content Thursday 12th May 2016 — updated 8.38pm, Wednesday 6th May 2020

Former BHS boss Philip Green has criticised the Pensions Regulator (TPR) for providing incorrect information to MPs during an oral evidence session over the collapse of the high street chain.

Former BHS boss Philip Green has criticised the Pensions Regulator (TPR) for providing 'incorrect' information to MPs during an oral evidence session over the collapse of the high street chain. 


TPR's chief executive Lesley Titcomb told the Work and Pensions Committee that the regulator only learned about the sale of the retail chain from the media in March 2015.

Green, who is also the owner of the Arcadia Group, sold the department store to Retail Acquisition, a consortium led by Dominic Chapell, for the nominal value of £1.

But Green hit back at Titcomb saying TPR had been given notice in advance. 

In a statement produced by the group on behalf of Green, it said: "On 6 February 2015 TPR was notified by email […] a decision had been taken to market the BHS business with a view to obtaining solvent disposal and allowing new investors to seek to improve its performance and finance the pension benefits.

"The email also informed TPR that various parties had expressed an interest in the business, that two parties had expressed an interest in a solvent transaction, and that the negotiations were ongoing with both of them".

It added, later in February 2015 trustees and advisers were aware of the sale and Green believed they had discussed the sale with the regulator in the beginning of March that year. 

The regulator wrote a response to the committee, saying the details of the transaction were not clear. 

Titcomb said: "The trustees informed TPR that a sale was likely to be to a company called Swiss Rock, which triggered further engagement by TPR with the trustees and Arcadia. 

"TPR was not approached for clearance in advance of the transaction, and, as I explained in my oral evidence, we learned of the confirmation of the sale to Retail Acquisitions Ltd on March 11 when it was made public. 

"TPR was not informed about this in advance, and subsequently learned that Swiss Rock had changed its name to Retail Acquisitions Ltd. Upon learning of the sale completion, we opened an investigation into whether it would be appropriate to use our anti-avoidance powers in respect of the transaction."

Frank Field, chair of the committee, described Green's letter as an "important intervention, but added: "Its central message is disturbing and does nothing to change my view of the adequacy or otherwise of pension regulation."

He confirmed that the committee will be writing to TPR requesting documentation outlining all interaction with the Arcadia Group and the BHS pension trustees over the relevant period.

Meanwhile, Field has written to chancellor George Osborne calling for a Pensions Bill in the forthcoming Queen's speech due to concerns about master trust regulation, using BHS as a case study. 

Tom McPhail, head of retirement policy at Hargreaves Lansdown, said: "A Pensions Bill in the Queen's speech would present an opportunity to bring the UK's pensions into the 21st century, raising standards, putting pressure on schemes to consolidate, to become more efficient and to put the members at the heart of the pension system."

The Queen's speech is expected to take place on 18 May.

This article appeared in our May 2016 issue of The Actuary.
Click here to view this issue
Filed in
05
Topics
Pensions

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