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Auto-Enrolment Pension Duties

BusinessLast reviewed: 1 April 20255 min

Since 2012 all UK employers have been required to automatically enrol eligible workers into a qualifying workplace pension scheme. Compliance is monitored by The Pensions Regulator (TPR) and the consequences of non-compliance can be serious.

Key points

  • You must automatically enrol all eligible workers aged 22 to State Pension age earning above £10,000 per year.
  • Minimum total pension contributions are 8% of qualifying earnings — at least 3% must come from the employer.
  • Workers can opt out, but you must re-enrol them every three years.
  • You must register your compliance with The Pensions Regulator within five months of your duties start date.

Who Must Be Auto-Enrolled

You must assess each worker and place them in one of three categories. Eligible jobholders — aged 22 to State Pension age, earning over £10,000 per year — must be automatically enrolled without asking. Non-eligible jobholders (younger, older, or earning between £6,240 and £10,000) have the right to opt in if they request it and you must then contribute. Entitled workers (earning below £6,240) may join a scheme but you are not required to contribute.

You must assess workers from their first day. New starters should be assessed immediately — do not wait until the end of the month. Workers on variable hours or pay must be assessed each time they are paid.

Minimum Contributions

Since April 2019 the minimum total contribution is 8% of qualifying earnings, of which at least 3% must be the employer's contribution. Qualifying earnings are the band of earnings between £6,240 and £50,270 per year (2025/26 figures). Some pension schemes calculate contributions on total earnings or a defined salary — check with your provider.

Many employers contribute more than the minimum to attract and retain staff. If a worker wants to contribute more, they can — you are only obliged to match up to the minimum. Workers who opt out stop accruing contributions immediately, and you must refund any contributions already deducted if they opt out within the opt-out window (usually the first month).

Registering and Staying Compliant

You must register your compliance with The Pensions Regulator (TPR) within five months of your staging date or duties start date. Registration is done online via TPR's portal. TPR sends compliance notices and can issue Fixed Penalty Notices (£400) and escalating fines (£50–£10,000 per day) for persistent non-compliance.

Every three years you must re-enrol any workers who previously opted out or ceased membership. Keep records of each worker's category, enrolment date, opt-out notices, and contributions paid — TPR can request these at any time. Many payroll software packages handle auto-enrolment calculations automatically.

Re-Enrolment Duties and What Happens When Workers Opt Out

Every three years, employers must carry out re-enrolment. On your re-enrolment date (which you choose within a six-month window around the third anniversary of your staging date), you must re-assess all workers and re-enrol anyone who previously opted out, ceased active membership, or reduced their contributions below the minimum. Workers may opt out again after re-enrolment, and the cycle continues every three years indefinitely. You must also submit a new re-declaration of compliance to TPR within five months of your re-enrolment date.

When a worker opts out, the process must be initiated entirely by the worker — employers are legally prohibited from encouraging or inducing opt-outs. The opt-out notice must be submitted to the employer within the opt-out window (typically the first calendar month after enrolment). If it is submitted on time, the worker is treated as never having been enrolled and any contributions deducted must be fully refunded to them, usually in the next payroll run.

Workers who opt out after the opt-out window has closed are treated as having left the pension scheme voluntarily. Their accrued contributions are not refunded. They retain a deferred pension pot with the provider for the period they were a member. Employers must keep opt-out notices for four years and TPR can request evidence of the opt-out process during compliance checks. Deliberately pressuring workers to opt out is a criminal offence carrying fines of up to £50,000.

Frequently asked questions

When do my auto-enrolment duties start?
If you are a new employer, your duties start from the date you take on your first member of staff. You must choose a qualifying pension scheme and enrol eligible workers from day one. For established employers the start date (staging date) was set by TPR based on your PAYE reference.
Can a worker refuse to be enrolled?
Workers can opt out after they have been enrolled. They must do so within the opt-out window (usually one month) and the opt-out request must come from the worker — you cannot induce or encourage them to opt out. Workers who opt out after the window closes are treated as having left the scheme and their contributions up to that point are not refundable.
I am a sole director with no employees — do the rules apply?
A company with only one director and no other staff is generally exempt from auto-enrolment. However, if you have even one other employee (including a co-director who has a contract of employment), the duties apply. Check TPR's online tool to confirm your position.
How do I calculate my re-enrolment date?
Your re-enrolment date must fall within a six-month window beginning three months before and ending three months after the third anniversary of your original staging date or duties start date. You choose the exact date within that window. If you have no opted-out or ceased members to re-enrol, you still need to submit a re-declaration to TPR.
What pension scheme can I use for auto-enrolment?
You must use a qualifying pension scheme — one that meets TPR's criteria on contribution levels and scheme governance. NEST (National Employment Savings Trust) is the government-backed default scheme open to all employers. Other qualifying schemes include workplace pension products from major insurance providers. The scheme must accept all eligible workers regardless of their age or earnings — not all commercial schemes do, so check before selecting.

Official bodies and resources

HM Revenue & Customs

Government

Responsible for collecting taxes, paying some forms of state support, and administering national insurance.

Advisory, Conciliation and Arbitration Service

Government

Provides free, impartial advice on workplace relations and employment law, and offers early conciliation before tribunal claims.

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.