Auto enrolment pensions breaches on the rise

Recent figures from The Pensions Regulator (TPR) revealed that the number of businesses failing to meet their auto enrolment (AE) obligations increased fourfold in the 2015-2016 financial year.

And, for those failing to comply there are, as the UK Business Forums (UKBF) user Paul Norman wrote, some 'fairly proper penalties lurking for people who mess this up'.

The 'proper penalties' Norman references are the penalties TPR has at its disposal when an employer falls foul of pensions regulations.

At first, an employer will receive what is known as a statutory notice. These come in different forms - TPR details the full list on their website - but, in essence, they will explain what actions need to be taken to avoid the next level of penalty.

The next level is a fixed penalty notice (FPN), which comes in at £400. Further non-compliance is followed by an escalating penalty notice (EPN) which levies a daily 'rate' determined by your PAYE scheme (see the chart below).

Escalating penalty notice rates



Number of persons

Daily rate

1 - 4

£50

5 - 49

£500

50-249

£2,500

250-499

£5,000

500 or more

£10,000


No idea

According to UKBF's members, it's a general confusion rather than wilful non-compliance that's tripping employers up. 'Too many businesses still have no idea about AE and the employer's duties, some are missing their deadlines and incurring fines,' wrote UKBF user Consultant.

For the completely confused, professional advice is an option. Norman, who runs an ecommerce business called OrangeZone, avoided penalties by using specialist financial advisers (IFAs). 'They have sorted the whole thing out for what is, to me, a reasonable fee. So, all in all, it was much less of a headache than I had imagined.'

Norman was willing to pay the fee offered by the advisers he consulted, but for some he admits it will be expensive.

But IFAs aren't the only option; your accountant could also help if you're struggling. UKBF member SteLacca is an accountant who has had two clients stage. 'We do the assessment and pension comps,' said SteLacca.

'I get as involved as I need to. I prefer to leave the setting up of the pension scheme to the employer, though we have some very small employers due to stage in the next few months and certainly for some of them I'll have to manage the whole process for them.

'I'm comfortable with it, just not over the moon about it. Other accountants offering payroll or tax services tend to be comfortable.'

As Henry Tapper of Pension PlayPen explained on AccountingWEB, 'Legally there is nothing prohibiting an accountant from giving auto enrolment advice. As long as it's done on a business-to-business basis and the end customer is the employer and not the individual employees, it does not need to be regulated.'

But for other business owners, it seems AE isn't yet a concern. 'I've got another year until my staging date so I haven't even looked at it yet,' wrote the user BustersDogs. 'Ask again in 18 months!'

Bristol
I was managing editor of UKBF back in 2016. I'm proud to be back as a staff writer supporting Richard and the team as they relaunch the site and build the community.

My business specialises in creating educational content for entrepreneurs. We also run startup competition The Pitch.