Not enrolled in pension scheme

[Fabpinky]

I started a new position sept 2020. They asked if I wanted to opt out of the pension scheme, I said no.

I was let go from the position and left in Feb 2021. I was sorting out my pensions yesterday and contacted HR for details or the sceme they use, so that I can put all my pensions into 1 pot. HR replied and said I was not enrolled in any scheme.

Do they owe me pension for the months that I worked?

Is it worth arguing over?

Bump

Did you not notice there was no deductions from your pay for pension?

Well, they probably do but you would have to pay your employee contributions so it depends if you’re willing to do that. As pp said I’m surprised you didn’t notice that you weren’t paying pension contributions/didn’t ask for more information about the scheme that you thought you had been enrolled in.

I guess there are two key questions:

1. were any pension contributions taken from your salary? It will be on your pay slip or p45 I think. If so, you have very clear evidence that you were enrolled and they need to look a bit harder to find your details!

2. or if no contributions were taken then do you have a copy of the document where you said you did not want to opt out of the pension scheme? Speaking as a non expert, if you said you want to opt in, but they failed to administer your preference you could argue that they denied you that benefit of the employer contributions / tax gains - but then perhaps they will argue you should have noticed that no employee contributions were being taken from your salary...?

I'd be surprised if your company asked if you wanted to opt out as this is against the law; employers can not encourage employees to opt out of a pension scheme.

The pension payments will show on your payslip as employee contribution, as will the employer contribution, if payments were made. If there were no payments made it would come down to you proving you had said you wanted to contribute and arguing it. Some employers say employees can’t join the scheme until probation has been passed, so check if this was in your employment terms. If you have made payments you are entitled to have your contribution back only, not the employers contribution. Hope that helps.

Maybe you didn't earn enough to be auto enrolled? I cant remember what the threshold is. Did they take any money from your wages? Did you not query not receiving any information you normally get a welcome letter from the pension provider.

I did notice that no contributions were being taken from my payslip, but I just assumed it would take some time for them to enrol me, and then I was furloughed and didn’t really think about it any more, then let go. It’s only now I that I’m going sorting all the pots out that I’m really thinking about it. My fault for not perusing it at the time I suppose!

I don’t have any evidence to show that I wanted to opt in, it was a verbal conversation.

I would be happy to pay my contribution to receive theirs, it’s just annoying I suppose. I shouldn’t have had to chase them to enrol me in a pension that they’re legally required to do, but I suppose I should have as it would have benefited me.

you should have been auto enrolled in the first month and if you wanted to withdraw it would have had to be in writing. However for such a short time period I would let it go as its not worth the effort

You only get auto enrolled if you are earning £10,000 a year

Or more

Yes @Bunnybigears I know that

It looks as if they have been remiss.
www.gov.uk/employers-workplace-pensions-rules#:~:text=Your%20employer%20must%20automatically%20enrol,scheme%20if%20you%20want%20to.

Out of interest, how many months did you work out of that period (i.e. not on furlough)? Wondering if you fell through the cracks because HR was on furlough, or you were furloughed within the first 3 months of being employed.

@DianaT1969

I only worked about 6 weeks before being furloughed.
Do you think that means I wasn’t eligible to be enrolled?

workplace pensions

I’m wondering whether it was an oversight also.