Rebecca Foster

Experience

Rebecca joined Capsticks in October 2023, having previously worked at a leading City law firm for over 5 years. She has extensive experience advising employers, members, and unions within the public sector, including government bodies, local authorities, NHS organisations, Unions/federations, and Emergency Services, on a wide range of pensions, regulatory, and employment-related matters.

She has acted in both contentious and non-contentious matters across multiple public sector schemes, including:

• The Local Government Pension Scheme (LGPS)
• The NHS Pension Scheme (NHSPS)
• The Civil Service Pension Scheme (CSP)
• The Police Pension Schemes (PPS)
• The Firefighters Pension Schemes (FPS)
• The Teachers’ Pension Scheme (TPS)

Expertise

Pensions (non-contentious)

• Advising on all aspects of the McCloud remedy and its implementation, and on;
•  Ill-health retirement
• Internal dispute resolution procedures (IDRP) and responses
• Overpayments and underpayments, as well as the interpretation of statutory pension regulations.
• Pension scheme governance and employer responsibilities under auto-enrolment.
• Unauthorised pension payments
• Injury awards, the eligibility criteria for the same, and appeals to such decisions. 
• Advising on and drafting Partial Retirement guidance and policies.
• Administrative failures, maladministration, and the merits of financial compensation regarding the same.
• Member complaints relating to pension scams/risks.
• Pension-related redundancy issues
• Complaints to the Pension Ombudsman

Pensions (Contentious)

• Representing clients in Judicial Review proceedings challenging and defending pension-related decisions made by public authorities.
• Drafting letters of claim and/or letters before action, regarding the recovery of underpayments.
• Representing clients in High Court proceedings (start to finish) regarding alleged breaches of statutory duty.
• Assisting on a group claim issued in the Employment Tribunal involving over 38,000 Claimants and 40 Defendants.
• Representing clients in the Employment Tribunal, in cases related to the anti-discrimination rule applicable to occupational pension schemes.
• Representing clients in the High Court in claims for immediate detriment arising out of the case of McCloud.
• Representing Clients in the Crown Court regarding specific medical appeals under specific pension regulations.
• Representing Clients in medical appeal tribunals regarding entitlements to injury awards.

Employment (Contentious and Non-contentious)

• Advising on TUPE, redundancy, whistleblowing, sickness absence, grievance, and disciplinary grievance policies and procedures.

 Rebecca is an experienced advocate in Employment Tribunal litigation, including claims involving discrimination, whistleblowing, unfair dismissal, and contractual disputes.

Admitted as a Lawyer

February 2020

Qualifications

• LLB Middlesex University 
• CILEX Level 6 Diploma in Law and Practice

Memberships

Fellow of the Chartered Institute of Litigation Executives (FCILEX).  Rebecca is also a member of the Association of Pension Lawyers (APL).