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Jenny
Jenny, Solicitor
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My company is required to enrol in a workplace pension scheme

Resolved Question:

My company is required to enrol in a workplace pension scheme next February. We employ a few tier 2 migrant workers on three year visas. Will they need to be auto-enrolled?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Hi if for the duration of their employment with you they ordinarily work in the UK (which is likely to be the case) then they are eligible employees for the purpose of the Auto enrolment rules. I hope that helps. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. thank you and all the best.
Customer: replied 1 year ago.

Thanks Jenny. Since they are likely to go back to India when the contracts complete, would it be 'worth their while' to be enrolled for 2-3 years and assuming the minimum contributions? Salaries in the region of £40-50k per annum.

Expert:  Jenny replied 1 year ago.
Tony the problem is that it is a legal requirement for you to enrol them. This is the case whether it is 'worth their while' or not. If you fail to do them you will be breaking the law and they could bring claims against you. The claim may not be limited to the pension loss. They could also potentially bring discrimination claims if they are not enrolled due to their nationality.
Customer: replied 1 year ago.

Actually I was thinking of it from a different angle i.e. would they prefer to un-enrol if it is not financially beneficial for them - since they have to make contributions as well.

(I know we have to and will auto enrol them.)

Expert:  Jenny replied 1 year ago.
Yes they can opt out if they feel it is not beneficial to them. They must do so in writing and they should be told they can change their mind if they wish.
Customer: replied 1 year ago.

So in your opinion, should they opt out? i.e. if they return to India after only 2-3 years then presumably their fund will be minimal and (I guess?) they would have difficulties transferring the fund to India?

Expert:  Jenny replied 1 year ago.
I can't give an opinion on that I'm afraid and you should not attempt to give them one either it is really up to them to seek advise on this.
Expert:  Jenny replied 1 year ago.
The danger of you giving an opinion is that you could be seen as trying to encourage them not to enrol when it is their right to do so. This could be seen as discriminatory.
Expert:  Jenny replied 1 year ago.
Hello Tony, is there anything further you would like to know about this?
Customer: replied 1 year ago.

No, that is fine for now. Thanks.

Expert:  Jenny replied 1 year ago.
All the best with it Tony, I would be grateful if you would take the time to rate my answer as I am not otherwise credited for the time I have spent answering your question. Thank you and all the best and do come back to me in the future if you need to.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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