Workplace pension – What your employer can and cannot do

Your employer must offer you a workplace pension scheme by law.

Your employer MUST:

Your employer must enrol you into the pension scheme and make contributions towards your pension if you are eligible under automatic enrolment. For further details on automatic enrolment view our Auto-enrolment blog.

If you do not have to be automatically enrolled into the scheme you can choose to still join anyway, your employer cannot refuse you to join.

When you are enrolled into the pension scheme your employer must:

  • Pay at the least the minimum contributions (if you are deemed eligible)
  • Let you leave the pension scheme should you wish too and if you leave within 1 month they must refund all your pension contributions paid.
  • Let you re-join the scheme at least once a year if you have left previously.
  • They must enrol you back into the scheme every 3 years if you have left previously as long as you are still classed as eligible under automatic enrolment.

Your employer CANNOT:

  • Encourage or force you to leave the scheme
  • Unfairly dismiss or discriminate against you for staying in the pension scheme
  • Imply someone is more likely to get the job if they choose to leave the pension scheme
  • Close the pension scheme without enrolling all members into another one.

If you are worried that your employer is not dealing with all these points correctly then you can contact the pensions regulator.

What your employer must tell you:

When your employer enrols you into their scheme they must send you a letter and that must include, the date you were added to the pension scheme, the type of pension scheme and who runs it, how much they will contribute and how much you will have to pay in and also how you can leave the scheme should you wish to.

Things to note:

Your employer can delay the date they enrol you into the scheme by up to 3 months. If they do opt to do this then they must tell you in writing and also let you join in the meantime if you ask to.

If you have any questions regarding your pension scheme, then you can get in touch with us today.