Baily Thomas Provident Fund - Beneficiaries Guide

 

What is the trust?

The trust fund is known as “the Baily Thomas Provident Fund”. The trust was established by Frank Bruce Baily Thomas (“the Settlor”) acting by his receiver, Jocelyn Nangle under the Mental Health Act 1959 pursuant to an order of the Court of Protection on 2 October 1970. The Settlor was a man of substantial wealth, largely represented by a holding of shares in the Mansfield Brewery Company Limited. At the date the Settlement was made, the Settlor was under a mental disability and his financial affairs were looked after by his receiver subject to the supervision of the Court of Protection. The Settlor died in January 1997.
Back to top

Who are the beneficiaries?

The trustees have power to pay or apply the capital and income of the Provident Fund at their discretion for the benefit of the former employees of Mansfield Brewery Company Limited (later known as Mansfield Brewery plc) and its successors, their spouses and dependants. Funds not applied in this manner pass to the Baily Thomas Charitable Fund, a mental health charity created by the Settlor at the same time as the Provident Fund.

Since 1970, the class of beneficiaries have been varied in various ways, the latest being to restrict the employee beneficiaries to those persons employed by the company on or before the date it was taken over by Wolverhampton & Dudley Breweries plc.

There are therefore two classes of beneficiaries, namely:-

(i) those persons employed by Mansfield Brewery on or before 21 December 1999, their spouses and dependants. and

(ii) the Baily Thomas Charitable Fund; and through it its own beneficiaries.
Back to top

Who are the trustees?

There are two trustees:
A Corporate Trustee namely Browne Jacobson Trustees Limited
and Mr Richard F Chadburn

Richard Chadburn was a director of Mansfield Brewery from 1980 to 1999 and he has been a trustee of the Provident Fund since 1983. He has considerable knowledge and experience of the trust and dealing with the beneficiaries.

The Corporate trustee, Browne Jacobson is a substantial Midlands firm of solicitors, with their main base in Nottingham, and an established reputation in the field of trusts and charities. It is not a particular individual trustee at Browne Jacobson Limited. The team currenlty in place is under the direction of William Colacicchi.
Back to top

How long will the trust last?

The trust is expected to continue until 2 October 2050 when the capital of the trust fund will be payable to the trustees of the Charitable Fund. In the meantime, the trustees have wide discretionary powers to distribute capital to or for the benefit of the beneficiaries.
Back to top

How much money is in the trust?

Following the sale of the trustees’ shares in Mansfield Brewery plc to Wolverhampton & Dudley Breweries plc in December 1999, the trustees have invested the proceeds of sale with a leading firm of investment managers. The trust fund currently consists of cash and investments worth approximately £30 million.
Back to top

Can I see the trust deed and the accounts?

Annual accounts are produced by the trustees’ accountants, Ernst & Young. Copies are available for inspection at the trustees’ local office in Mansfield. Copies of the trust deed dated 2 October 1970 (as amended by court orders dated 17 January 1978, 18 July 1984 and 11 December 2001) are also available for inspection. Please contact Denise Wilson for details.
Back to top

What sort of benefits do the trustees pay?

Following the closure of the Brewery, the trustees provided substantial benefits to those beneficiaries made redundant as a direct consequence by Mansfield’s takeover by Wolverhampton & Dudley Breweries plc. The trustees consider that this compensation programme has been completed. The trustees have a wide discretion to provide benefits to the beneficiaries and are under a duty to consider all applications for assistance. However, the principal benefits provided by the trustees at present are as follows:-

(1) Private medical treatment. The trustees’ current policy is to enable beneficiaries to receive private treatment where the alternative would be for the beneficiary not to get or to wait for an unreasonable time for the necessary treatment. However, beneficiaries should be aware that the trustees provide assistance entirely at their discretion and the benefits provided should not be viewed as a form of private medical insurance. Applications should be made in advance of treatment and should be supported by a quotation from the hospital or practitioner. In addition, the trustees may require a medical certificate from your G.P. or ask you to obtain a second opinion where there is any doubt as to the appropriateness of treatment or its cost.

(2) Health screening. The trustees support a health screening project set up by Dr R Sheikh, the former Brewery doctor, for the benefit of former employees and their dependants. The trustees will invite all beneficiaries known to them to participate on a rolling programme.

(3) Retraining and Education. The trustees are anxious to support all beneficiaries with the cost of retraining and the acquisition of new skills. Beneficiaries should look to their current employer for support in the first instance, but the trustees will provide funding where this is not forthcoming or applicable.

(4) Business development. The trustees will also consider requests for assistance in the cost of business development or start-up where it is not available from local enterprise agencies, Mansfield 2020 or elsewhere. Applicants should provide the trustees with a credible business plan, details of other sources of finance, personal investment and an explanation as to why sufficient funding was not available from other sources.

(5) Hardship. The trustees will also continue to consider requests for assistance where a beneficiary is suffering hardship through circumstances not of his or her own making.

The trustees are also considering the purchase or rental of a new property in Mansfield with a view to transferring the local office from Chadburn House and to being able to provide other facilities for the use and benefit of the beneficiaries.

The trustees will also review their policies regarding the allocation of benefits at regular intervals in the future. As trustees of a discretionary settlement, the trustees cannot give a commitment to provide or not provide any particular benefits indefinitely.
Back to top

How do I apply for benefits?

In the first instance, beneficiaries should apply to Denise Wilson at the trustees’ Mansfield office who will ask you to complete an application form. Assistance in the completion of the form or in formulating a claim is available from Denise Wilson and/or John Else. Forms will be processed as quickly as possible and if there is an urgent need every effort will be made to make a decision without delay. However, it is important that the trustees’ approval is obtained for any payment from the trust fund before any commitment to action or expenditure is made.
Back to top

Can I appeal against the trustees’ decision?

If you are unhappy with any decision made by the trustees, you may write and ask them to reconsider. Ultimately, any person aggrieved by any act or omission or decision of the trustees in relation to the trust may apply to the court which may make such order as it thinks fit but it is unlikely that the court would interfere with the discretion of the Public Trustee provided that it is exercised in a bona fide manner.
Back to top

Do the trustees have details of all the beneficiaries?

The trustees’ database of Brewery employees is extensive but nevertheless incomplete. If you know of any beneficiary who has not received a copy of this brochure, please ask them to contact Denise Wilson to have their name added to the trustees’ records. Please also notify the trustees on the death of a related beneficiary, or every time you change address to keep their database up to date. The trustees rely on the database to communicate with the beneficiaries at regular intervals to keep them up to date with all material changes and developments.
Back to top

Do the trustees have a local office?

The trustees are assisted locally by Mr John Else, former Head of Personnel of Mansfield Brewery and Mrs Denise Wilson, also a former Brewery employee. The trustees need the assistance of local agents because of the high volume of applications made by the beneficiaries and the distance of the trustees from Mansfield. Together they administer the trustees’ local office at Chadburn House which is usually staffed every Monday and Tuesday.

Contact details are as follows:-

Baily Thomas Administration Office
Chadburn House
Weighbridge Road
Littleworth
Mansfield
Nottinghamshire
NG18 1AH

Tel: 01623 473290
Fax: 01623 473279

Back to top

January 2004