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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 1825
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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Employer did not auto-enroll me into a pension scheme during

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Employer did not auto-enroll me into a pension scheme during my employment which last until the 3rd of March 2019 to 10th October 2019. I was on minimum wage and turned 25 on 27th of May 2019.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: yes
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am currently unemployed
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My employer wants to pay me directly into my bank account since I have never had a pension pot before and I assume this is so they do not get fined by the pension regulator (which I think would be a lot considering the lateness). They have offered to pay both contributions as a good will gensture and said it was a admin error (It wasn't).

Hello my name is ***** ***** I can help with this matter.

I have read your issue can you tell me what your question is specifically please.

Customer: replied 6 months ago.
Hi Ross, So I am wanting to know how much the employer would be fined roughly for not paying my pension and auto enrolling me. Also if it is unreasonable for me to say I want further compensation.
Customer: replied 6 months ago.
Bearing in mind that it has been 11 months nearly and he still hasn't paid it yet. Although he send me the following today"
've got £8,000 showing as gross income this tax year, 8% of this is £640.Last tax year, £1,334 (after the adjustments we made) gross pay.5% is £66.70.I'm.happy to transfer these amounts to you so you can pay them into your pension.I would suggest that you accept that we are paying your voluntary contributions for you in lieu of any profit gained as paying your voluntary contributions for you will be much more valuable to you.
"
He seems very focussed on me saying yes please transfer it directly into my bank account and was wondering if I am missing something? He I say no I don't want him to pay it directly into my bank account and insist he pays it through other channels. Then would be get a massive fine? (I am assuming that is why he is wanting to pay it directly) since this was my first job where I could get a pension.

I think you are right that they are trying to avoid getting a fine, they can range from £400 up to around £10,000.00. He will be offering to pay it to you to avoid the fine. You could ask for additional compensation but I think you would have to justify what you are asking for as he is looking to give you what you are due. This is really a personal choice no what you want to do. Whether your employer is fined or not wont have any effect on what you are due so it is really up to you how you want to move forward with this.

I hope this information has helped.

Kind regards

Ross

Customer: replied 6 months ago.
Okay, what would you do in my situation?

Well as I said it is entirely up to you. Your options are either report the fact that he has not made pension contributions, accept the payment he has offered, or go back to him asking for a little bit more. The decision is entirely yours.

Kind regards

Ross

Customer: replied 6 months ago.
I also have a disability Autism if that helps in any way. This is the same employer who paid me below minimum wage for 3 months. However, he has paid me the difference now.
Customer: replied 6 months ago.
I assume that since he has that matter is closed?

Yes, in a way. It doesn't sound as though there has been a legal discrimination in relation to your autism, and if he has corrected the underpayment then you can't take legal action for this. In light of how bad you have been treated then you may wish to go back and make a counter offer to him, however, again, this is entirely up to you.

Customer: replied 6 months ago.
Okay Ross thank you. Also, he won't mention the pension provider when I asked him, is that legal? I did want to see the company percentage as when I was at the company it was 4% but I think he changed it for 2% for me.

Yeah, 4% is about standard, so I would go back to him and tell him that you want more money to cover this. You can also explain to hi that you know that he should have legally enrolled you and that you have taken advice on the matter.

I hope this information has helped.

Kind regards

Ross

Ross Miller and 6 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Okay, thanks Ross.