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

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Comments

  • tominator
    tominator Posts: 14 Forumite
    Tenth Anniversary First Post Combo Breaker
    No, not made redundant as far as I am aware, but then nothing gets officially communicated to me. I was simply moved from one Payroll to another.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    tominator said:
    No, not made redundant as far as I am aware, but then nothing gets officially communicated to me. I was simply moved from one Payroll to another.
    To be honest. Sounds very murky......... 
  • atush
    atush Posts: 18,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sounds like you need to find a new job now, and also go thru your HR, or if none see the company acct, if none contact and employment solicitor pronto.  

    Start with the link above and contact the regulator.  How could the company close if they didnt pay your past contributions?  Very dodgy all around
  • badmemory
    badmemory Posts: 9,701 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    Do you have all your payslips?
  • Employer contributions need to be paid within 90 days of their due date or you should report the scheme 'trustees' to The Pension Regulator.  You could do this anonymously maybe?
    With reference to the new Limited company then provided you earn more than £10K per annum you must have access to an auto enrolment pension scheme.  However, I would have thought that the new Limited Company would continue to use the same pension provider as the old - especially with the history of waiting until the latest staging date.  Having checked on this your employer's duty is to choose the AE pension provider 6 months before the first time you pay your 'new' employee so I think they would HAVE to remain with the same pension provider anyway - unless they have told you something different.  
  • You should check your national insurance history on your Personal Tax account on the HMRC gateway as if NI is not being paid it would show on your NI history about a year later and this means you would not be qualifying towards the state pension and other benefits.  It's easy to do and your FIL would not find out about you checking as it is your personal tax account - no-one elses.
  • eskbanker
    eskbanker Posts: 37,458 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Having checked on this your employer's duty is to choose the AE pension provider 6 months before the first time you pay your 'new' employee
    Eh? That doesn't make any sense, how would that work for any new companies, not just dodgy ones?  Where have you read this?
  • Brynsam
    Brynsam Posts: 3,643 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 23 April 2020 at 2:43PM
    Employer contributions need to be paid within 90 days of their due date or you should report the scheme 'trustees' to The Pension Regulator.  You could do this anonymously maybe?
    With reference to the new Limited company then provided you earn more than £10K per annum you must have access to an auto enrolment pension scheme.  However, I would have thought that the new Limited Company would continue to use the same pension provider as the old - especially with the history of waiting until the latest staging date.  Having checked on this your employer's duty is to choose the AE pension provider 6 months before the first time you pay your 'new' employee so I think they would HAVE to remain with the same pension provider anyway - unless they have told you something different.  
    If it is a contract arrangement, there won't be any 'trustees' to report - and in any case, it is the employer who would fail to pay the contributions and thus the employer who is the guilty party. In the case of a trust-based scheme (which does have trustees), it would be the trustees themselves who would do any reporting of late/non-payment of contributions.

    How can a newly established company choose a provider 6 months before paying their first employee? People don't generally incorporate a company and then have it lie fallow for 6 months while the AE clock ticks. Where did you 'check' this information?
  • Dox
    Dox Posts: 3,116 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Having checked on this your employer's duty is to choose the AE pension provider 6 months before the first time you pay your 'new' employee so I think they would HAVE to remain with the same pension provider anyway - unless they have told you something different.  
    Not sure where you're getting your information, but obviously not from the Pensions Regulator. Have a look at https://www.thepensionsregulator.gov.uk/-/media/thepensionsregulator/files/import/pdf/the-essential-guide-for-automatic-enrolment-psn
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