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Employer Duties
What, When & Who?
When will the auto-enrolment dates be set?

Employer responsibilities will start from October the 1st 2012 and will occur over a 4 year period with the dates being dependent on the number of employees a company has.


Staging Date.
1,250 and above: From 01 October 2012
250-1,249: From 01 October 2013
50 - 249 Between 01 April 2014 - 01 April 2015
49 and below: Between 01 June 2015 - 01 April 2018


Opting Out.

The worker has the right to opt out of the scheme within one month of the auto-enrolment taking place. If this occurs the employer does not have to make any contributions and the workers contributions are refunded, however, the worker will be auto-enrolled again every 3 years to give them an opportunity to join the scheme. They can of course at this point opt out again..

If an employee decides that they wish to opt out of the scheme the employer must follow the opt-out process as described in the regulations. Actively encouraging employees to opt-out is illegal.

If you have opted-out, you must be allowed to re-join the scheme at least once a year.


Who is Eligible?

Qualifying earnings

Includes all of the following, if an individual is in receipt of them: salary, wages, commission, bonuses, overtime, statutory sick pay, statutory maternity, paternity and adoption pay. Contributions are calculated on any of the above earnings that the member is in receipt of between 5824 and 42,385 pa. Anything an individual earns above 41,450 is not taken into account when working out how much contributions should be for that person.

Eligible Jobholders

Workers who are aged between 22 and state pension age, work in the UK and earn more than the earnings trigger for automatic enrolment (currently 10,000). If you earn between 5,668 and 10,000 you will not be automatically enrolled, but you will have the right to opt-in
See some case study examples here


Temporary, Part-Time or FTE?

A worker is defined as an individual who works under a contract of employment or any other contract to do work or perform services personally for another contracting party. Whether the contract is in writing, or implied is irrelevant. Some businesses are excluded, for example external Legal firms providing legal advice for a limited company or sole trader.

This therefore covers temporary and agency workers, part-time, fixed term and full time employees wherever there is a contract, written or otherwise to do work for them. A company director is not a worker unless they are employed by the company under a contract of employment and at least one other person is employed by the company so therefore companies with just one individual involved aren’t included in the legislation.


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