- We conduct real-time assessments during every pay run to provide proof of compliance.
- We appeal fines from The Pensions Regulator and resolve compliance issues to avoid penalties.
- We backdate contributions to quickly fix non-compliance issues and restore compliance.
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Employees
For organisations with over 50 employees, a customised and detailed approach is essential.
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Gain some valuable insights
Could Your Business Face Fines for Pension Non-Compliance? Find Out!
Navigating Pension Compliance: Insights from the Pensions Regulator
Understanding the Pension Declaration of Compliance
If you’re an employer in the UK and hiring staff, it’s crucial to meet your legal obligations regarding workplace pensions. One key step is completing..
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Common Compliance questions
If you have more questions you can always access our knowledge base on this link.
When should new employees be enrolled?
Employers must automatically enrol all new and eligible employees who are:
- aged 22 to state pension age
- earning over £10,000 a year
- Working or ordinarily work in the UK
- Not already part of a qualifying workplace pension scheme
Do I need to enrol overseas workers?
Working in the UK: If a worker works wholly in the UK, then they can be considered to be working in the UK. By working wholly in the UK, The Pensions Regulator means:
- the worker’s contract provides for the worker to be based at a location in the UK, and the worker does, in practice, work all the time in the UK, and
- there is no simultaneous employment relationship between the worker and an employer outside the UK (e.g. the worker is not someone who has been sent to the UK by an affiliated employer, for example on a secondment.)
Ordinarily working in the UK: Where a worker is not wholly working in the UK (the work they do is also done outside of the UK), it will need to be established if the worker ordinarily works in the UK.
In most cases, workers who fall into this category will be workers who do not have one fixed workplace (for example, they move around in their work). To decide if a worker ordinarily works in the UK, an employer needs to consider:
- If the worker is resident in the UK
- where the worker begins and ends their work
- where the worker's headquarters in
- whether they pay NI and or tax in the UK
- the currency they are paid in
- the worker's contract of employment
- seconded workers
More details can be found here.
If you have a worker that should be exempt from AE due to not working in the UK, please enter that into Husky's system so that the worker is not assessed for Auto-Enrolment.
What is the Duties Start date?
These duties apply immediately from the first day the first member of staff started working for them. This date is known as the Duties Start Date.
Working in the UK: If a worker works wholly in the UK, then they can be considered to be working in the UK. By working wholly in the UK, The Pensions Regulator means:
- the worker’s contract provides for the worker to be based at a location in the UK, and the worker does, in practice, work all the time in the UK, and
- there is no simultaneous employment relationship between the worker and an employer outside the UK (e.g. the worker is not someone who has been sent to the UK by an affiliated employer, for example on a secondment.)
Ordinarily working in the UK: Where a worker is not wholly working in the UK (the work they do is also done outside of the UK), it will need to be established if the worker ordinarily works in the UK.
In most cases, workers who fall into this category will be workers who do not have one fixed workplace (for example, they move around in their work). To decide if a worker ordinarily works in the UK, an employer needs to consider:
- If the worker is resident in the UK
- where the worker begins and ends their work
- where the worker's headquarters in
- whether they pay NI and or tax in the UK
- the currency they are paid in
- the worker's contract of employment
- seconded workers
More details can be found here.
If you have a worker that should be exempt from AE due to not working in the UK, please enter that into Husky's system so that the worker is not assessed for Auto-Enrolment.
Do AE regulations apply to employees currently in a SIPP?
Further, at the time of re-enrolment, the worker would need to be re-assessed and re-enrolled into a qualifying pension scheme if they meet the re-enrolment criteria, and then opt-out again before going into their present non-qualifying SIPP.
What are the minimum pension contributions?
From 6 April 2019 onwards, the minimum workplace pension contributions is a total of 8%, at least 3% of which must be paid by the employer. These minimums are required by the auto-enrolment legislation. The employee must contribute 5% but they may reduce their contribution if the employer decides to contribute more than the minimum.
What is Re-Enrolment?
Every 3 years from their staging date or duties start date, employers need to re-assess workers who have previously Opted out or elected to leave the workplace pension more than 1 year from the re-enrolment date. Any worker who meets the required assessment criteria for auto-enrolment then has to be re-enrolled in the pension scheme. These criteria are: age 22 up to the State Pension age earn at least £10,000 a year normally work in the UK (even if they often travel to other countries) Once the re-enrolment process has been completed, a Re-Declaration of Compliance should be filed with The Pensions Regulator within 5 months of the third anniversary of the staging/duties start date, whether or not new staff were added to the scheme.
Employers need to complete the Re-Declaration once the re-enrolment process is completed. Husky will complete the Re-Declaration on the company's behalf. When is Re-Enrolment happening? Husky will apply the three-year anniversary of the staging date or the last re-enrolment date as your re-enrolment date. The pay period that contains this re-enrolment date will be assessed to determine any re-enrolment requirements. You can select another date within three months from the re-enrolment date. Husky will contact you explaining the process and you can let us know if you would like to change your re-enrolment date.
What do you need to do? Husky’s auto enrolment platform will apply the re-enrolment requirements and ensure all applicable workers are correctly assessed for re-enrolment. You may wish to advise any workers who have previously Opted Out of the scheme that they may be re-assessed, however, any worker that is to be re-enrolled will be issued with re-enrolment communication at the close of payroll. Your Payroll should also be advised that you will be applying re-enrolment on the date specified above.
If you have any queries please contact us at support@huskyfinance.com.
Can employees opt out before being enrolled?
No. An employer must enrol all eligible employees first so that the pension provider can provide them with all the necessary information and documentation. Only after being enrolled, employees can take the decision individually to opt out of the pension scheme. If a worker opts out within a month of being added to the scheme, the payment will be refunded.