After your staging/duties start date, staff who work irregular hours or earn flexible incomes should be enrolled the first time* they earn over the auto-enrolment threshold of £192 a week or £833 a month if paid monthly.
Once staff have been enrolled, you must pay regular contributions into their pension scheme (unless they’ve decided to opt out). If the staff member’s earnings fall below £120 a week or £520 a month, you may stop paying contributions unless the rules of the pension scheme they have enrolled into require them to continue.
* Note that under the postponement rules, you can delay enrolling staff into the pension scheme when they first meet the criteria to be an eligible jobholder for up to three months.
Not all employees have to be put into a pension scheme automatically, but they can still ask to join. Whether they’re enrolled automatically or not depends on how much they earn, their age and whether they normally work in the UK.
If they’re enrolled automatically they’re known as ‘Eligible jobholders’ .
Then there are two categories for the employees who can ask to join:
You only need an auto-enrolment pension scheme in place by your staging date if there’s someone to auto-erol enrol on this date. If there’s no one who needs to be auto-enrolled then there’s no need to have a pension scheme in place. However, it may be useful to decide, before your staging date, which pension scheme would be used if the person or people you employ actually need to be enrolled (or ask to join).
Even if there are no employees to be auto-enrolled, you will still have a duty to write to your employees and complete your declaration of compliance.
The Pensions Regulator defines the criteria to use when deciding whether or not to auto-enrol a worker as ‘whether the worker is working or ordinarily works in the UK under their contract’. If you don’t have a UK bank account you need to open one as we can only accept contributions via a UK bank account.
Yes, the maximum legal period that you can delay putting employees into your pension scheme is three months if you’ve a monthly payroll and 12 weeks if you’ve a weekly payroll. If you plan to do this, your staging date stays the same but your first pay reference period (PRP) start date will change according to when we’ll expect that first contribution. Postponement is an option under the Simply Tailor sign-up route.
If you employ the carer you need to comply; and if you and others employ the carer you are each responsible based on the earnings you each pay them. If the carer works for an agency or their own limited company that agency/company are responsible for complying with auto-enrolment duties.
If they’re self-employed there are criteria to decide whether duties still apply. Does the carer:
- have control of the hours they work?
- have their own public liability insurance?
- provide care services for other people?
- register themselves as self-employed with HMRC?
- not get paid when on holiday or unable to work due to sickness?
If most or all of the above are true, it would be reasonable to consider that they’re undertaking the work as part of their own business. If they’re undertaking the work as part of their own business, they can be considered ‘truly self-employed’ and aren’t subject to auto-enrolment.
No, they don’t need to be auto-enrolled if the current scheme meets the qualifying criteria. However, it’s a good idea for you to keep track of your employee’s eligibility in the event that active membership of the current scheme ceases and they need to be assessed for auto-enrolment.
You must assess your employee for auto-enrolment based on their earnings that you pay them. Any other employers will need to do the same.
Since 6 April 2016, there has been a general exemption from auto-enrolment for all company directors. The effect of this will be that a company may still choose to auto- enrol its directors (and, if it does, all of the usual duties will apply) but it will not be required to do so.
You may apply postponement to the employee meaning they don’t need to be auto-enrolled up to three months taking them after their leave date. You are allowed under legislation to enrol them if you wish to do so, however, for an employee who is leaving you will need to decide whether it is worth doing so.