Employer missed pension payments - what can we do?

[TheGirlOnTheLanding]

DH works for a small family business with recent cash flow issues (think repairs not being done, pay freezes, outgoing staff not being replaced rather than ever not having been paid at the of the month.) However, he's just been alerted by his workplace pension provider that his employer has missed several payments. Obviously we are worried (and I'm encouraging him, as I have been for months, to look for a new job as I suspect they're on the verge of going under) but with regard to the missed payments is there anything at all he can do to get them to make good the contributions? Are they breaking the law by not making the contributions agreed?

Yes they are legally obliged to pay pension contributions. Your DH should raise a formal complaint which he could ultimately take to the Pensions Ombudsman if not resolved. He could also report his employer to the Pensions Regulator. Sorry,can’t do links on my phone but if you google both those organisations you will find useful guidance.

Might be worth having a chat with the Pensions Advisory Service about this

www.pensionsadvisoryservice.org.uk/pension-problems/pension-security/paying-contributions-on-time

Thanks @ChessieFL and @TrollTrekkingAcrossTheUniverse, I'll check out those links. The whole workforce are affected (well, probably not the directors, I'm sure they've made sure they're fine, but all the employees.) It's shocking.

At the point where they are missing pension payments, there’s a very good chance they’re missing other statutory payments like VAT and PAYE/NI as well.

Advice as given is correct as helpful, but I strongly suspect the writing is on the wall and your husband should make it a priority to find alternative employment rather than chasing the pension payments. I’ve spent many years in the Insolvency field and this is all too familiar!

If (when) the company goes under, there almost certainly won’t be any money in the pot to make up the lost contributions. He’s best off minimising the losses by getting a new job.

I agree with hedgefund, OP, your DH needs to make it a priority to seek new employment. The writing is on the wall, if a company starts missing something as fundamental as employer pension contributions you know they are in trouble.

Leave soon - the payment deficit will only continue to mount month on month. Depending on how many years' contributions have already been amassed, he may be able to top up with AVCs if the provider allows it, and if it's a worthwhile pension pot. If the pension isn't worth much, I wouldn't bother.

Yes, that's my fear too. How can we check if they've paid his NI?

www.gov.uk/check-national-insurance-record

You can check your National Insurance record online to see:

what you’ve paid, up to the start of the current tax year (6 April 2018)
any National Insurance credits you’ve received
if gaps in contributions or credits mean some years don’t count towards your State Pension (they aren’t ‘qualifying years’)
if you can pay voluntary contributions to fill any gaps and how much this will cost

Thanks so much @daisychain01