FAQ

Do all employers have to comply with auto-enrolment?

Yes. All UK employers, regardless of size, must comply with workplace pension auto-enrolment duties from the point they employ at least one worker.

 

Are there still staging dates?

No. Staging dates no longer apply. Employer duties now begin immediately when you first employ a worker. There is no delayed start date.

 

Do I need to do anything if no one joins the pension?

Yes. Even if:

• All staff opt out, or
• No one qualifies for auto-enrolment

 

You must still:

• Assess workers
• Keep records
• Submit a declaration (and re-declaration) of compliance

 

What if I already have a pension scheme?

You may be able to use an existing scheme, provided it meets qualifying criteria.

Some older or director-only schemes may not be suitable for auto-enrolment. Employers should check:

• Contribution levels
• Eligibility rules
• Scheme compliance status

 

Do temporary, part-time or zero-hours staff count?

In most cases, yes.

Auto-enrolment applies to anyone who:

• Works under a contract to perform work personally, and
• Is not genuinely self-employed

 

This can include:

• Temporary workers
• Part-time staff
• Zero-hours contracts
• Casual staff

 

What about agency workers or contractors?

Responsibility depends on who pays the worker and the contractual arrangements.

• If the agency pays the worker, the agency is usually responsible.
• If you pay the worker directly, you may be responsible.

 

Where status is unclear, employers should seek guidance to avoid incorrect assumptions.

Can I delay auto-enrolment for new staff?

Yes. Employers may use postponement for up to three months.

Postponement can be used:

• When duties first apply
• When a new worker starts
• When a worker becomes eligible

However:

• A postponement notice must be issued
• Workers still have the right to opt in during this period

 

Who is responsible for compliance – me or my payroll provider?

The legal responsibility always remains with the employer.

Even if you use:

• A payroll bureau
• An accountant
• An adviser
• Pension software

 

How often do I need to review auto-enrolment?

Auto-enrolment is not a one-off exercise.

Employers must:

• Assess workers every pay period
• Monitor changes in age and earnings
• Re-enrol eligible workers approximately every three years
• Submit a re-declaration of compliance every three years

 

What records do I need to keep?

Employers must keep certain auto-enrolment records for up to six years, including:

• Workforce assessments
• Enrolment and opt-out information
• Contribution records
• Communications issued to workers

Records may be requested by The Pensions Regulator.

 

What happens if I get it wrong?

The Pensions Regulator has enforcement powers. Penalties can apply even where non-compliance is accidental.

 

Are directors exempt from auto-enrolment?

Some director-only companies may be exempt, depending on:

• The number of directors
• Whether directors have employment contracts

However, exemptions are narrow, and incorrect assumptions are common. Employers should confirm their status rather than rely on assumptions.

 

Can I encourage staff to opt out?

No. Employers must not:

• Encourage workers to opt out
• Suggest opting out during recruitment
• Offer incentives to leave the pension scheme

This is known as prohibited recruitment conduct and can result in penalties.

 

Is help available if I’m unsure?

Yes. Many employers choose to use specialist support to:

• Avoid errors
• Reduce administrative burden
• Ensure ongoing compliance
• Provide reassurance during audits or reviews

 

Seeking help early is often far less costly than correcting mistakes later.