Employer delaying pension payments

Albermarle

squirrelpie said:

Marcon said:

Talking to the employer - as I first suggested - is the best way for OP to help themself. 

The OP started the thread by saying they were going to talk to their employer. They simply want to know what the legal situation is before they do so, as would I in their situation.

The problem is likely to be that the employer will fob him off and then maybe go bust at some point with many months of contributions missing.
This may be illegal but what practical steps can the OP take in the face of an evasive employer? Ok they can complain after 90 days but not clear if that will do them any good or not.
I have no idea what the answer is, and not sure where this would stand in the pecking order of any bankruptcy/administration creditors payouts.

JoeCrystal

Came across this after some googling.

Any money an employer has deducted from an employee's benefits for the purposes of paying into their pension scheme in the 4 months before insolvency will rank as a preferential debt to be paid into the scheme through the insolvent company's assets.

Not employer's contributions though.

xylophone

https://www.moneyhelper.org.uk/en/pensions-and-retirement/building-your-retirement-pot/what-to-do-if-my-employer-doesnt-pay-my-pension-contributions#:~:text=The Pensions Regulator,-In a workplace&text=It can penalise employers if,The Pensions Regulator, whistleblowing service.

Penguin_

So, when we process payroll we have to send the contributions by the 26th of the month. So for a tax period ending on the 5th October, our direct debit is set to reach the pension provider on the 25th of October.

If we were late, we'd get a message in our inbox & we have to pay the contributions or we're reported to the Pensions Regulator & the employees are told by the pension provider that we haven't paid the contributions.

Izzy666666

Hi all,
Many thanks for all your advice, It's very helpful.
I am going to bring this up with my boss next week after I have been paid incase anything changes between now and then. 
On the 11.11.23 it will be 90 days, so I will make a report to the pensions regulator if there are still no payments. 

Thanks!

Penguin_

Who is your pension provider by way of interest?

Izzy666666

It’s with Nest 

Penguin_

Izzy666666 said:

It’s with Nest 

They will contact the Pensions regulator on your behalf & you should receive a letter from them to say that your employer hasn't paid. I'm not sure how long they give the employer to pay but might be worth getting in touch with NEST.