Auto enrolment has required employers to review and revise their recruitment processes and pension arrangements. Some have needed to provide a pension for the first time. Others have needed to adapt their scheme and/or to operate multiple pension arrangements to control costs.

Compliance is an ongoing necessity. Processes are needed to categorise staff and to identify changes in status. Specific information must be issued when needed and good record-keeping is vital. The Pensions Regulator actively enforces the auto enrolment requirements.

Our lawyers are experienced in advising employers in a range of sectors and providers on auto enrolment issues.

We understand that auto enrolment law can have a significant impact on employers and their businesses. By working closely with finance and HR departments, our comprehensive auto enrolment advice is able to identify tailored solutions and options in the context of the employer's existing employment contracts, pension arrangements and flexible benefit schemes.

Areas of focus

Our auto enrolment advice covers both common and more complex issues, including the following:

  • Staging date, particularly after corporate activity or transfers.
  • The complex issue of who is a "worker", particularly in the case of self-employed contractors, consultants and other tricky individuals.
  • Changes to existing employment contracts, flexible benefit schemes and pension arrangements (including the relevant consultation, legal and procedural requirements).
  • Options and processes for certifying a qualifying scheme.
  • Provider terms (including scheme documentation) and employer agreements.
  • The interrelation between auto enrolment law and the TUPE pension requirements.
  • The implications of auto enrolment for individual pension promises and arrangements.
  • Whether an option could be an unlawful inducement.
  • The implications of auto enrolment for salary sacrifice.
  • Regulatory action by the Pensions Regulator.

Revising employment contracts and advising on benefits for The Crown Estate for compliance with auto enrolment law.

Providing advice to the Racecourse Association (which represents the UK’s racecourses) on how its members should introduce auto-enrolment.

Advising Velcourt on the introduction of auto-enrolment including advice on deadlines, amendments to contractual terms and staff consultation.

Amending the Virgin personal pension scheme for compliance with auto enrolment law.

Advising a national auto enrolment master-trust provider on their documentation and communication requirements.

Amending numerous occupational pension schemes for use as qualifying schemes for auto enrolment purposes, including schemes for Misys, CF Fertilisers, The Crown Estate and Triplex Lloyd.

Advising the British Transport Police Authority and AT&T Istel Pension Trustee Limited on their auto enrolment obligations for specific individuals.

Advising a number of DC occupational schemes (including Misys) on the implications of the default fund charges cap.

Advising numerous purchasers of employers on the vendor's auto enrolment compliance and any associated regulatory risks.

Advising various administrators on their auto enrolment obligations following an employer's insolvency.

Advising numerous employers on the auto enrolment certification requirements (defined benefit and defined contribution) for qualifying schemes.

Meet the team
Luke Bowery

Luke Bowery Partner

  • Employment
  • Restructuring and Redundancy
  • Equality, Diversity and Discrimination
Richard Knight

Richard Knight Partner

  • Head of Pensions Practice
  • Pensions Services
  • Pensions Legal Advice

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