No workplace pension after years of asking - what can I do?

mwhile89

I have been trying to get a workplace pension since small businesses had to offer this and still do not have one, 7 years down the line! I have searched the forums here and can see people had issues back in April 2017 around small businesses shying away from this but I cannot find anything that helps me now.

I have always fitted the criteria but I have never had a letter from my employer at the outset or at the 3 year enrollment check points (presumably 2020 and 2023). I never stated I did not want a workplace pension when it was loosely talked about in the workplace and as it transpired, I became the only employee that actually wanted it. So as time went on, it became harder for me to chase this as I did not want any friction at work but still wanted a workplace pension.

After watching Martin Lewis one year talking about NI contributions, I checked and to my horror, I had 9 years missing even though I had never had a break in my employment with same employer. I asked them to chase this and to cut a long story short, I had to sort it myself with HMRC as it was an admin error on the part of my employer. They said it was down to a naming issue of the business alng with the HMRC system going digital which in turn was also affecting their ability to answer my constant queries about a workplace pension.

So at this point (early this year) I had had enough so filled out a whilstblower form on the Pension Regulator webiste and got acknowledgment and a request for documents to uphold allegation of wrongdoing. As I had never had any official paperwork around workplace pensions, all I had was WhatsApp messages, so I sent them the transcripts. At this point they advised me that I would not be contacted again as this matter was then in their hands.  Roll on a few months and I find out my employer has been fined but even though I am still constantly asking about a workplace pension, I do not have one. I suggested NEST to them and they keep telling me there are problems but it will be sorted. 

Roll on a couple of more months and I decide to contact the Pension Regulator myself and get hold of the case worker. They advise me that they cannot divulge any information which I am slightly perplexed about but I state that all I need to know is IF my employer is actually doing anything regards a workplace pension for me, as I do not believe a word they are telling me. Plus I query the fact that only the side of my employer is being taken into account and I know they are telling lies i.e. saying I never wanted a workplace pension! 

So I am here now and finally have my employer telling me a NEST pension can be set up but I have asked them to confirm what backdating there will be on both sides. I am ready to pay in whatever is required to backdate this to 2017 as that is when this should have been offered to me, auto-enrollment and all that but my employer is saying the backdating will only be 3 years? I have asked them to query this but this has given them the chance to go quiet on me again and nothing is happening. 

I have tried contacting the Pension Ombudsman in the past but they were not helpful at all. The Pension Regulator won't speak to me. My employer is dishing out lies and never moves forward with this unless I chase them.

What can I do? And does anyone have any idea on rules around backdating contributions?

Sorry for long post but thanks in advance for any help on this matter.  

MattMattMattUK

mwhile89 said:

I have been trying to get a workplace pension since small businesses had to offer this and still do not have one, 7 years down the line! I have searched the forums here and can see people had issues back in April 2017 around small businesses shying away from this but I cannot find anything that helps me now.

I have always fitted the criteria but I have never had a letter from my employer at the outset or at the 3 year enrollment check points (presumably 2020 and 2023). I never stated I did not want a workplace pension when it was loosely talked about in the workplace and as it transpired, I became the only employee that actually wanted it. So as time went on, it became harder for me to chase this as I did not want any friction at work but still wanted a workplace pension.

After watching Martin Lewis one year talking about NI contributions, I checked and to my horror, I had 9 years missing even though I had never had a break in my employment with same employer. I asked them to chase this and to cut a long story short, I had to sort it myself with HMRC as it was an admin error on the part of my employer. They said it was down to a naming issue of the business alng with the HMRC system going digital which in turn was also affecting their ability to answer my constant queries about a workplace pension.

So at this point (early this year) I had had enough so filled out a whilstblower form on the Pension Regulator webiste and got acknowledgment and a request for documents to uphold allegation of wrongdoing. As I had never had any official paperwork around workplace pensions, all I had was WhatsApp messages, so I sent them the transcripts. At this point they advised me that I would not be contacted again as this matter was then in their hands.  Roll on a few months and I find out my employer has been fined but even though I am still constantly asking about a workplace pension, I do not have one. I suggested NEST to them and they keep telling me there are problems but it will be sorted. 

Roll on a couple of more months and I decide to contact the Pension Regulator myself and get hold of the case worker. They advise me that they cannot divulge any information which I am slightly perplexed about but I state that all I need to know is IF my employer is actually doing anything regards a workplace pension for me, as I do not believe a word they are telling me. Plus I query the fact that only the side of my employer is being taken into account and I know they are telling lies i.e. saying I never wanted a workplace pension! 

So I am here now and finally have my employer telling me a NEST pension can be set up but I have asked them to confirm what backdating there will be on both sides. I am ready to pay in whatever is required to backdate this to 2017 as that is when this should have been offered to me, auto-enrollment and all that but my employer is saying the backdating will only be 3 years? I have asked them to query this but this has given them the chance to go quiet on me again and nothing is happening. 

I have tried contacting the Pension Ombudsman in the past but they were not helpful at all. The Pension Regulator won't speak to me. My employer is dishing out lies and never moves forward with this unless I chase them.

What can I do? And does anyone have any idea on rules around backdating contributions?

Sorry for long post but thanks in advance for any help on this matter.  

I would leave. If they are not legally compliant with pensions rules and seem to have issues with NI contributions what else are they not compliant with, health and safety, public and employers liability insurance?

Marcon

mwhile89 said:

I have tried contacting the Pension Ombudsman in the past but they were not helpful at all. The Pension Regulator won't speak to me. My employer is dishing out lies and never moves forward with this unless I chase them.

What can I do? And does anyone have any idea on rules around backdating contributions?

Unclear what you asked the PO to do, but I'd approach them again now and make a complaint based on maladministration. 

Backdating contributions can be messy but in broad terms you should be put in the position you would have been in had your employer complied with their legal obligations. You can be asked to pay your share of backdated contributions, which may need to be phased over a period of months, or even straddle two tax years if you don't earn enough to get full tax relief on your personal contributions if these are all paid in one year.

born_again

Aside from your issue. Daughter had a nest pension set up when she was temping set up by agency.
Was a absolute nightmare getting it transferred to her employers pension.

So have you opened a pension up yourself?

clive0510

Your employer has broken the law. all employers must offer there employees a work place pension. 
I all ready had a private pension in place, when the previous government bought in the work place pension scheme. I signed up for it, because it was in affect money for nothing. 
so when I retired I had two pension schemes. Wasn't sure what to do, or how to do it, so sought help from a pensions advisor, and he merged it all into one pot. job done.

xylophone

Have you tried writing to your MP?

dunstonh

Aside from your issue. Daughter had a nest pension set up when she was temping set up by agency.
Was a absolute nightmare getting it transferred to her employers pension.

Nest used to be a nightmare but they are much better now. In the past they used antiquated methods and took ages. I put it down to inexperience on their part.   But all is ok now.

SacredStephan

clive0510 said:

Your employer has broken the law. all employers must offer there employees a work place pension. 

Depends if the employee or worker is eligible.

https://www.litrg.org.uk/pensions/paying-pensions/pensions-auto-enrolment-workplace-pensions
=====

Conditions

On the first day of their employment, employers must automatically enrol all staff who meet these conditions:

- Aged between 22 and the state pension age

- Working in the UK

- Earning over £10,000 a year (2024/25)

=====

NlghtOwl

Keep pushing or leave but also open up a sipp and start contributing yourself.

Bravepants

SacredStephan said:

clive0510 said:

Your employer has broken the law. all employers must offer there employees a work place pension. 

Depends if the employee or worker is eligible.

https://www.litrg.org.uk/pensions/paying-pensions/pensions-auto-enrolment-workplace-pensions
=====

Conditions

On the first day of their employment, employers must automatically enrol all staff who meet these conditions:

- Aged between 22 and the state pension age

- Working in the UK

- Earning over £10,000 a year (2024/25)

=====

If the employee is not earning over £10k the employee doesn't qualify for automatic enrollment, but if the employee asks to be enrolled if earning less then it is against the law to refuse.  The difference is the eligibility for  automatic enrollment, not eligibility for a pension.