What are my legal duties?

Whether you employ one person or one hundred, you need to set up and run a workplace pension for your employees and, if they’re eligible for auto enrolment, pay regular contributions into it. This has been the law since 2012. We explain what you need to do to ensure your workplace pension meets your legal obligations.

As soon as you have employees – even if it’s only one person – you’ll need to set up a workplace pension. This is known as your ‘duties start date’. It’s best to start the ball rolling as soon as possible to meet The Pensions Regulator’s requirements.

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Within six weeks of your duties start date, you must tell employees they’re being assessed for auto enrolment and explain all their options.

You must explain to each employee:

  • how they will be affected by auto enrolment, and
  • the deadlines they have to make their choices.

Remember, we can send the statutory communications for you, including postponement notices.

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Sending your Declaration of Compliance

When you’ve set up your workplace pension you need to tell The Pensions Regulator, confirming your workplace pension is compliant and that all the information you’ve sent them is accurate.

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You can delay auto enrolment by up to three months, known as ‘postponement’. This could be useful if, for example, you have employees on short-term or temporary contracts who won’t still be working for you after three months.

If you decide to postpone your start date you’ll need to tell your employees. Remember, we can do this for you.

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Once your workplace pension is up and running you must make sure you assess your workers and upload your pension data files in good time and arrange for contributions to be collected promptly by Direct Debit for every relevant pay period.

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Every three years from when you set up your workplace pension you have to check whether employees who previously opted out still qualify for auto enrolment and re-enrol them if they do.

You’ll need to send enrolment notices to any employees you re-enrol, along with opt-out confirmations if any of them opt out again. Again, we can do this for you.

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Your participation agreement

This is the contract we have with all the employers who are part of our master trust. It defines the terms of participation in our Scheme. It sets out the charges you pay as an employer, your payment schedule, the services we offer and the charges your Scheme members pay.

It also outlines your responsibilities to provide payroll data, contributions and contact details for you and your Scheme members.

If you want to make any changes to the agreement or you have any questions about your agreement, please contact us.

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