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Failure to comply with automatic enrolment legislation.

Automatic enrolment safeguards came into place on 1st July 2012 and apply to all employers. It is enforce by the pension regulator and they want employers to know in no uncertain terms that they will take inforcement action if the rules are not complied with.

What is of concern to the regulator is inducement where the employer puts pressure on any employees not to opt in. It does not matter if it was successful or not though as any inducement is a regulatory breach.

Penalties for failure to comply with Automatic enrolment

The pension regulator does not have to be rigid in its enforcement and therefore can go straight to fines.

The next area of concern is restricted recruitment policies called prohibited recruitment conduct. This can take any format of encouraging employee candidates to opt out. This would result in a compliance notice section 51 under the Pensions 2008 act.

Penalty notice for Work Place pensions