Lecturer in Commercial Law

Deputy Director of PGT


View my full research profile

  • Tel: +44 (0)131 650 2854
  • Email: Amanda.Wyper@ed.ac.uk
  • Office and Feedback Hours for current students:
    Fridays, 12pm-1pm

Qualifications

PhD, LLB (HONS), Diploma in Legal Practice, Investment Advice Certificate (SIB)

Biography

Amanda worked in commercial legal practice as a solicitor specialising in pensions law for a number of years before undertking her Phd at the University of Edinburgh. Amanda's PhD research considered the introduction of pension auto-enrolment into workplace pensions in the UK, looking at the legislative intention and evaluating the consequences.  Amanda undertook original qualitative empirical research as part of her doctoral work and completed her PhD in July 2016.  During her studies she was involved in teaching on a number of commercial and financial LLM courses and also as a tutor on the diploma in professional legal practice at the University of Edinburgh. 

 

Current Research Interests

Pensions and financial regulation reforms.  Current research includes the impact of regulatory changes on existing private law and the impact that changing retirement ages and benefit guarantees have on workers. 

Teaching

Business Law

Commercial Law

Practice of Corporate Finance and the Law (LLM) (Co-course organiser)

Practice of International Banking (LLM)

Regulation of International Finance: the Law the Economics the Politics (LLM)

 

Articles

Amanda Wyper, 'Pensions auto-enrolment: Unintended consequences of regulation and private law remedies', (2017), Edinburgh Law Review, Vol 21, pp 352-375
Abstract: The introduction of auto-enrolment (AE) into workplace pensions in 2012 requires employers to enrol workers into a pension. Employers have significant discretion in this process and rely on the financial services industry to ensure compliance with AE minimum standards. Employers may not always have pension expertise and will engage pension providers for advice on establishing compliant pension arrangements or modifying existing schemes to use for AE. Whilst this policy benefits many, there are a number of negative consequences flowing from the introduction of AE. Examples include employers choosing poorly performing schemes, insufficient protection of free choice and poor default positions replacing active decision making, all of which result in poor value for some employees. The parties' interests may not always be aligned. Despite the minimum criteria, there can be significant variations between fund costs and scheme quality as private sector pensions are frequently used for compliance. Whilst the ability of employees to opt-out provides legitimacy for the regime, the form of implementation and use of defaults erodes the exercise of choice and there are no provisions to encourage engagement and active decision-making by individuals. In addition to this, inadequate advice impacts on the effects of AE for many. For some this means that they pay in less overall than they would have if they had voluntarily chosen to contribute to a plan. This article explores whether further statutory change to the AE regime is required or whether existing private law remedies, with a focus on Scots law, afford sufficient remedies for those suffering loss. If fiduciary, agency, contractual or delictual obligations arise from the AE relationship then this may provide adequate remedies. This article will consider whether fiduciary duties are owed to employees, particularly by the employer (as an agent) to the employee, and the extent of duties owed under the contract of employment.