How soon after incorporation does a limited company have to set up a workplace pension scheme?

tominator

Hi all,

Apologies if this question has already asked but I have been unsuccessful in finding an answer, but as the title suggests I'd like to know how soon after incorporation does a limited company have to set up a workplace pension scheme?

The reason I ask is that my employer is in the process of closing down one limited company and has moved my employment to another 2 months ago. The same level of pension contributions have been deducted from my salary but I have received no notification that I have been enrolled in a scheme and I'm wondering if a new Limited Company doesn't need to set that up immediately (the company appears to have been incorporated in September 2019).

I am trying to arm myself with as much information as I can as I have been informed by my existing workplace pension provider that no contributions have been made for a year (albeit they have been stopped from my pay). This will of course all be lost when that company closes but it appears we are starting out the new company in the same manner.

Oh and by the way, my boss is my Father in Law; nice right?!

Many thanks in advance for your help.

Thrugelmir

There's no requirement to commence a workplace pension when a company is incorporated. Not least that the company may not have even commenced trading. 

tominator

Thank you Thrugelmir. The company is already trading and earning money and the I am being paid by it. Does that mean that a scheme needs to be put in place?
It was my impression that it was now a government requirement to have a scheme in place. I know that my existing pension was started due to a legal requirement as he waited until the very last minute and he was fined before finally doing it.

eskbanker

tominator said:

I'd like to know how soon after incorporation does a limited company have to set up a workplace pension scheme?

According to https://www.gov.uk/workplace-pensions-employers

Employers have to provide a workplace pension scheme for eligible staff as soon as your first member of staff starts working for you (known as your ‘duties start date’).

Albermarle

s I can as I have been informed by my existing workplace pension provider that no contributions have been made for a year (albeit they have been stopped from my pay).

This is against the law as far as I know and you need to find out what has happened pronto !https://www.pensionsadvisoryservice.org.uk/pension-problems/pension-security/paying-contributions-on-time

tominator

Thank you both and Albermarle I totally agree. It's an extremely difficult position because questioning this is likely to cause a massive family fallout, even though I'm totally within my rights.

Dox

tominator said:

Thank you both and Albermarle I totally agree. It's an extremely difficult position because questioning this is likely to cause a massive family fallout, even though I'm totally within my rights.

Would it help (or just add petrol to the flames!) if your wife approached her father on your behalf? After all, it is her future financial security he is putting at risk as well as yours.

tominator

Hi Dox... you would think so, but we're talking about one of the least reasonable people on the planet unfortunately. This is just the latest in a long string, including him user her credit card to pay supplier bills without permission (she used to have her bills sent to their address when we were renting and presumably her wrote down the card details). When we challenged that it caused World War 3. 
In reality, I need to leave, but I have helped grow the business for over 10 years and my role is niche as in effect I do everything. I will struggle to replace my salary by joining another firm as I will need to get a job performing one of the many roles I currently do, and therefore would only command a salary for that singular role.

Thrugelmir

What was the reason given for being transferred to a new company? 

tominator

I believe due to winding up the due to HMRC debt, so I suspect my NI and PAYE contributions have not been made either. However, I'm kept at arms length regarding this so cannot say for sure.

Thrugelmir

Phoenix company. Your FIL will need to tread carefully with HMRC. Not as easy as it was a few decades ago. 
Were you made redundant?