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Employer saids I'm not entitled to a pension but I disagree!

(13 Posts)
savingforus Tue 14-Jul-20 10:35:52

Hoping to get some advice here.

I have been working for a small company for the last year, working full time on a salary of 22k. I'm 27. Employer is not the best when it comes to payroll and I don't always receive payslips every month, however my tax & NI contributions are being paid as I've checked my personal allowance account, so all good.

BUT, my employer will not enrol me onto the pension scheme, I have no idea why. I have asked and he's just said that I'm not entitled to one and has not explained further. I know he is wrong. It even saids on my contract that I will be enrolled. I was enrolled in my last job and earned less there.

I thought I should give him a bit of time as I know they can be postponed for 3-6 months but it's been over a year and he's had plenty of time to do it. When I have received payslips there's been nothing on them about pension contributions. I believe he's either not done it due to laziness or stinginess. I want to call the pension regulator and explain but also afraid of rocking the boat with my boss. Apart from this, we get on well and I enjoy working for his company but for heavens sakes I just want a pension for obvious reasons!

What should I do? I know he will be pissed off I go behind his back and contact them but he has refused to sort it out so I'm not sure what else I can do at this point. Help???

OP’s posts: |
savingforus Tue 14-Jul-20 10:37:53

I'm also a bit worried that he may have opted out on my behalf and that's how he's got away with it for so long. Could that be a possibility?

OP’s posts: |
nowaitaminute Tue 14-Jul-20 10:40:20

Some companies require you to be employed for a certain amount of time (1 or 2 years) before they enroll you into the pension scheme

oo0Tinkerbell0oo Tue 14-Jul-20 10:41:34

Look on the gov .uk website, it clearly states all employers must provide a workplce prnsion scheme.

WannabeMathematician Tue 14-Jul-20 10:44:37

No I agree with you OP:

www.gov.uk/workplace-pensions/joining-a-workplace-pension

Based on your description you seem to fit.

It's against the law to leave you out for more than three months.

Bigpizzalover Tue 14-Jul-20 10:45:56

How long was your probation period? My last employer only enrolled you once you had passed probation and become permanent staff.

savingforus Tue 14-Jul-20 10:46:08

@nowaitaminute really? I've never heard of that before. I just thought it was mandatory for all companies. Nonetheless it saids nothing about that in my contract, just that I'll be enrolled.

@oo0Tinkerbell0oo yes I've looked on the gov website and that's where I've got my information from. I know he's wrong. I think he's just trying to save money tbh.

OP’s posts: |
MummaGiles Tue 14-Jul-20 10:48:59

There are criminal sanctions for failing to comply with auto enrolment. You should report this to the Pensions Regulator. Also, your employer is required by law to provide you with payslips on or before the date of payment of your salary.

nowaitaminute Tue 14-Jul-20 10:49:46

@OP yes my dh works for a global company and he had to be with them for a year before he was added to the pension scheme.

savingforus Tue 14-Jul-20 10:56:27

I haven't got my contract in front of me right now but I believe the probationary period is 3 months so I've definitely passed that. We are a small team and I'm pretty much running the company at the minute due to Covid.

@MummaGiles I know he will get in trouble if I report him and that's exactly what I'm worried about. He might see his ass and make work difficult for me if I do.

OP’s posts: |
Justjoshin22 Tue 14-Jul-20 11:04:27

I think you should try and speak to him about it again, before you go to the regulator.
A simple ‘i am really keen to be included in the pension scheme, as per my contract. Can you explain why I am not eligible please? I believe it’s a legal requirement so I’m confused and would appreciate knowing your thoughts.’
After that, If the answer isn’t satisfactory, you could get in touch with the regulator. The issue with that of course, is that he may suspect you which could impact your work there.
Hopefully he is a decent person and it’s a misunderstanding.

holdmyfrylight Sun 26-Jul-20 23:53:38

Your employer MUST enrol you if you are between 22 and state pension age earning more than 10k per year.

As you are 27 earning 10k+ they should have enroled you from your first day of employment. They can postpone enrolling you for up to 3 months (which may coincide with a probationary period but they cannot say "pass your probationary period or no pension for you") but they need to tell you they are postponing and that you can join the scheme in this postponement period if you want to. If you decide you want to join during the postponement period they MUST enrol you and also pay contributions.

Even if you earned less than 10k you must be offered a pension scheme and your employer will have to contribute if you earn more than about 6k.

Ask your employer why he hasn't enrolled you and provide him with gov.uk info to back yourself up (not that you should have to). Lots of employers try to get away with shit like this hoping that employees believe what they say. You can speak to the regulator or The Pensions Ombudsman to get this sorted out. They may require him to backdate any contributions to your date of joining. The regulator can fine them too because I'm assuming you aren't the only one they haven't enrolled.

@nowaitaminute assuming your husband is in U.K. and joined his employment after at least 2012, your husband may have had to be at the job for a year before joining a different pension scheme which may be better than what's offered for automatic enrolment but providing he is between 22 and state pension age and earning 10k+ they should have put him into some sort of pension scheme.

holdmyfrylight Sun 26-Jul-20 23:58:32

I'm also a bit worried that he may have opted out on my behalf and that's how he's got away with it for so long. Could that be a possibility?

I'm not convinced the regulator can keep track of all employers. I think they rely on whistleblowing.

You need to be enrolled before you can opt out so if you can find out the scheme your employer uses for Auto-E (if any!!!!) then you can call them to see if they have received an opt out form. As you need to be enrolled before opting out (otherwise what is there to opt out of?) you should have received some correspondence from the scheme and at least seen the contributions deducted from at least 1 payslip. Since he's saying you aren't eligible and you clearly are from what you said I would bet he's relying on employees not questioning it.

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