Automatic enrolment and implied contracts 30 November 2015
Following a number of queries on implied contracts, The Pensions Regulator has confirmed their position on the subject and updated guidance accordingly.
Details have been added to TPR’s Frequently Asked Questions section, within the Director question as follows:
Question
A contract of employment does not have to be a written document. In what circumstances would the regulator consider that an implied contract of employment exists and the company should have carried out automatic enrolment duties for the director?
Answer
The regulator has set out its approach to the enforcement of automatic enrolment duties on our website .
Our overall compliance approach is focused on educating and enabling employers to comply with the law. In the event that: o we were investigating a director-only company for a failure to carry out any of their automatic enrolment duties, and o there is no written contract of employment or other evidence of an intention to create an employer/worker relationship, between the company and a director or directors,
we will not as part of our approach seek to argue that an implied contract of employment exists.
Top automatic enrolment questions from employers 8 December 2015
Completing a declaration of compliance is one of the most common areas that The Pensions Regulator is asked about.
The Pensions Regulator has a ‘frequently asked questions’ webpage. In November, the top subjects the regulator was asked about were:
What are my automatic enrolment duties? I’m not an employer, what should I do? How do I fill in my declaration of compliance?
Go to the FAQ page on The Pensions Regulator’s website for answers to these and other commonly asked questions.
Common automatic enrolment challenges 11 December 2015
The Pensions Regulator held a webinar in November where an expert panel covered some of the issues small employers are struggling with. Over 500 business advisers attended and the webinar is now available to view.
Also available is a downloadable pdf/powerpoint of the webinar presentation.
You can view the webinar and associated documents here .
Our expert panel will talk through some of the issues small employers are struggling with. From simple form-filling errors to missing a staging date due to having more than one PAYE scheme, we’ll share our insight and update you on those areas employers find more difficult, as well as answer any questions you have about the automatic enrolment process.
CIPP Policy News Journal
25/04/2016, Page 338 of 453
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