I have answered numerous questions recently with regard to automatic enrolment as to whether it will apply to them or not. Automatic enrolment duties don't apply when a company or individual are not considered an employer. You won't have any duties if you meet one of the following criteria:
- you're a sole director company, with no other staff
- your company has a number of directors, none of whom has an employment contract
- your company has a number of directors, only one of whom has an employment contract
- your company has ceased trading
- your company has gone into liquidation
- your company has been dissolved
Quite a common scenerio is the husband and wife limited company structure. Please be aware that if only one of you is a director, the company will have automatic enrolment duties for the person who isn't a director. If you both have contracts of employment, the company will also have automatic enrolment duties for the person who is a director.
The pension regulator will need to be informed if you are not considered to be an employer.
Please get in touch if you require any help with automatic enrolment.
On a separate note I would like to again thank the kind recommendations we have received over the last few weeks. This has led to us taking on more Bristol based businesses this week and makes me feel very proud of Avonhurst.
Have a great weekend all.