Irish company, work in the UK. No pension offered

Chris89

I recently started working for a company based in the Republic of Ireland, however I am employed as a UK citizen and I work in the UK (from home). According to HMRC, the company that pays me is a UK registered company.

When I joined I was told no pension was offered, as they were an Irish company so the rules around auto-enrolment didn't apply to them. I accepted this begrudgingly as the job offered good experience and the pay reasonable. However, I'm beginning to wonder whether what they are doing is illegal.

Should they be required to auto-enrol me and contribute to a pension scheme on my behalf? I am unable to find any information out about this.

There are other UK based employees too, but I have yet to broach the subject of pensions with any of them.

Thank you.

Linton

A quick Google would suggest your Irish employer is wrong. See http://www.nortonrosefulbright.com/files/working-and-ordinarily-working-in-the-uk-briefing-january-2015-pdf-125038.pdf for example.

HappyHarry

If you are between 22 and state pension age, earn (salary) more than £10,000 per year and normally work in the UK, then your employer must enrol you in a pension scheme, even if the employer is an Irish company.

Chris89

Interesting, thank you both. I am between 22 and state pension age, and I earn over £10k per year. It seems further conversations with my employer are in order.

Second question - would I be entitled to back payments, given that I was not enrolled from the start?

Also, any advise on how to broach the subject? Not looking to burn bridges/cause any problems for myself. I would just like the pension scheme and company contributions I am entitled to.

OldBeanz

As you are in the job for experience wait until you leave then address the issue with them.

squirrelpie

As you are in the job for experience wait until you leave then address the issue with them.

Personally, this sounds to me like a poor plan. I would deal with it straight away. Simply approach your manager as tactfully as possible and explain why you think they should be contributing to a pension for you. I'd think it would be wise to draft a letter to the firm saying the same thing, partly because it will help you get your thoughts straight, and partly so you can send it afterwards, perhaps amended as a result of the initial conversation, so you have some written record of your request.

xylophone

https://shieldgeo.com/uk-workplace-pension-scheme-a-guide-for-international-companies/

https://www.pensionsadvisoryservice.org.uk/about-pensions/pensions-basics/automatic-enrolment

TPAS above may assist you.

Dox

Don't start gossiping with other UK=based employees (which is how the company will see it).

See https://www.thepensionsregulator.gov.uk/document-library?res=/-/media/thepensionsregulator/files/import/pdf/detailed-guidance-3.ashx, click on 'Automatic Enrolment Detailed Guidance' and then go to page 13 for confirmation that you are indeed covered by the rules of auto enrolment.

How do you broach it with your employer? Carefully and diplomatically - and soon. Try something along the lines of having spotted something on the internet which gave a link to the guidance document (which is entirely true - you saw this post!).

bostonerimus

Are you an employee or a contractor?

OldBeanz

squirrelpie wrote: »

Personally, this sounds to me like a poor plan. I would deal with it straight away. Simply approach your manager as tactfully as possible and explain why you think they should be contributing to a pension for you. I'd think it would be wise to draft a letter to the firm saying the same thing, partly because it will help you get your thoughts straight, and partly so you can send it afterwards, perhaps amended as a result of the initial conversation, so you have some written record of your request.

Thank you very much Mr Pie, your P45 is in the post and watch you don't get hit by the door on the way out.

swindiff

And you would have an extremely good case for wrongful dismissal. Companies should not be able to get away with breaking the law because of fear of employees losing their jobs.