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Auto Enrolment rules and Directors

6th May 2022

We often get asked about auto enrolment rules and how they apply to company directors.  Please see below for details.

If a director does not have an employment contract, they cannot be a worker and are therefore always exempt from automatic enrolment

Even if a director does have a contract of employment, they are not classed as a worker if they are the only person in the company with an employment contract.

If a director has a contract of employment and is not the only person working for the company under an employment contract, they are not exempt. Depending on their age and earnings, they may qualify for automatic enrolment and the company will have the option to put them into a pension. If the company chooses not to automatically enrol a director who is or becomes eligible for automatic enrolment, the director will retain the right to opt in or join a pension. If such an organisation decides it does not wish to enrol any employed director who is eligible for automatic enrolment, and it has no other eligible staff, then it does not need to set up a pension scheme – but will need to make a declaration of compliance.

 

This is with regards to directors who are holding office as a director, not including a person who is a director in name only.

 

For more details or if you would like to discuss this, then please contact our Payroll team on 0116 2827000.

Registered with the Institute of Chartered Accountants in England & Wales to carry on audit work in the UK, regulated for a range of investment business activities and licensed to carry out the reserved legal activity of non-contentious probate in England and Wales. Registered with the Institute of Taxation as a firm of Chartered Tax Advisers. . Associate Directors of the firm are not Directors of The Rowleys Partnership Limited and are not subject to the obligations and responsibilities of Directors within Part 10 of the Companies Act 2006.  Any reference to an individual with the job title “Partner” refers to someone who is a Director of The Rowleys Partnership Limited and also a registered member of Rowleys Group LLP (registered no. OC306056)  A list of Directors and Members are available at Companies House. Details of our audit registration can be viewed at www.auditregister.org.uk and details of our probate registration can be viewed at www.icaew.com/probate, both under reference number C001486455. View our Legal and Privacy Policy.