HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
Automatic enrolment
Under the Pensions Act 2008, employers have automatic enrolment duties in relation to eligible workers. The exact duty depends on the worker's age, earnings and other circumstances. Employers must assess their workforce and automatically enrol eligible jobholders into a qualifying scheme where required. https://www.thepensionsregulator.gov.uk/employers
Ongoing employer duties
Automatic enrolment is an ongoing responsibility. Employers must continue to monitor employees' ages and earnings, maintain contributions, manage requests to join or leave the scheme, keep records and carry out re-enrolment duties approximately every three years where applicable. https://www.thepensionsregulator.gov.uk/employers/new-employers/im-an-employer-who-has-to-provide-a-pension/declare-your-compliance/ongoing-duties-for-employers/
Eligibility and worker categories
Workplace pension duties differ according to the category of worker. Eligible jobholders must generally be automatically enrolled, while non-eligible jobholders may have a right to opt in and entitled workers have a right to join a pension scheme. Employers should assess workers according to the statutory criteria rather than applying a single rule to everyone. https://www.thepensionsregulator.gov.uk/en/document-library/automatic-enrolment-detailed-guidance/1-employer-duties-and-defining-the-workforce
Contributions
The employer must make the contributions required under the applicable workplace pension arrangements and ensure employee contributions are deducted and paid correctly. The actual contribution rates and pensionable pay arrangements should be checked against the scheme and the applicable statutory requirements. https://www.thepensionsregulator.gov.uk/document-library/automatic-enrolment-detailed-guidance/4-pension-schemes-under-the-employer-duties
Opting out and re-enrolment
Employees who have been automatically enrolled have a statutory process for opting out of the pension scheme. Employers must process valid opt-out requests appropriately and, where the relevant conditions are met, must normally re-enrol eligible employees who have opted out approximately every three years. https://www.thepensionsregulator.gov.uk/document-library/automatic-enrolment-detailed-guidance/resources-employer-duties-and-safeguards
Employee safeguards
Employers must not induce workers to opt out of a workplace pension or otherwise take prohibited action because of the employer's pension duties. Pension provision should therefore be communicated neutrally, without pressuring employees to make a particular decision. https://www.thepensionsregulator.gov.uk/document-library/automatic-enrolment-detailed-guidance/resources-employer-duties-and-safeguards
Records and compliance
Employers must maintain records demonstrating how they have met their automatic enrolment duties, including relevant enrolment, contribution and employee request information. The Pensions Regulator also requires employers to complete a declaration of compliance and undertake periodic re-declaration where applicable. https://www.thepensionsregulator.gov.uk/employers/new-employers/im-an-employer-who-has-to-provide-a-pension/declare-your-compliance/ongoing-duties-for-employers/
Financial advice
The company should explain the pension scheme and employees' workplace pension rights but should not provide individual financial advice. Employees should be directed to the pension provider or an appropriately authorised financial adviser if they need advice about their personal retirement planning or investment choices.