767. Prohibited recruitment conduct.

An employer1 contravenes the statutory provision as to prohibited recruitment conduct2 if any statement made or question asked by or on behalf of the employer for the purposes of recruitment3 indicates (expressly or impliedly) that an application for employment with the employer may be determined by reference to whether or not an applicant might opt out of automatic enrolment4.

The Pensions Regulator5 may issue a compliance notice to an employer if the Regulator is of the opinion that the employer has contravened this provision6. A compliance notice is a notice directing the employer to take, or refrain from taking, the