The following Employment guidance note provides comprehensive and up to date legal information covering:
The auto-enrolment regime, established under the Pensions Act 2008, Pt 1, imposes a new statutory duty on employers to make arrangements for the auto-enrolment of all of their ‘eligible jobholders’ into a ‘qualifying scheme’. Employers are also required to contribute to that scheme on behalf of eligible jobholders.
The auto-enrolment regime includes numerous provisions imposing sanctions upon employers and other parties for non-compliance. For further information, see Practice Note: Auto-enrolment: the requirements—Sanctions for non-compliance.
Employees and workers also enjoy direct protection under employment legislation in relation to their rights under the auto-enrolment regime.
An employee (ie an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment) who is dismissed is regarded as automatically unfairly dismissed (see Automatically unfair reasons) if the reason (or, if more than one, the principal reason) for the dismissal is that:
any action was taken, or was proposed to be taken (eg by the Regulator, the employee or their representative), with a view to enforcing in favour of the employee a relevant requirement of the auto-enrolment legislation (see below)
the employer was prosecuted for an offence under s 45 of the Pensions Act 2008 as a result of action taken for the purpose of enforcing in favour of the employee a
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234