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08

Pensions regulator reveals auto-enrolment enforcement action

Open-access content Friday 1st August 2014 — updated 5.13pm, Wednesday 29th April 2020

The Pensions Regulator has revealed that it had to take action 23 times to ensure employers comply with their auto-enrolment duties since July 2012.

However, in its first quarterly auto-enrolment compliance and enforcementreport, the regulatorsaid it had not yet had to use its powers to issue £400 fixed penalties for failure to comply with either an unpaid contributions notice or a compliance notice.

The watchdog said it had used its powers to issue a compliance notices 'to remedy a contravention of one or more automatic enrolment employer duties,' on 17 occasions to the end of June, including three times during the second quarter of 2014.

TPR has also used its powers to inspect premises or to demand documentation and information - under section 74 and 72 of the Pensions Act 2004, respectively - five times, while there was also once notice relating to unpaid contributions had been issued so far.

As the number of small- and medium-sized employers entering the scheme increases, TPR said it expected to see a corresponding increase in the number of occasions that it uses its statutory powers, including issuing fines.

Executive director of automatic enrolment Charles Counsell said: 'Employers and the pensions industry are understandably interested to know how and when we use our powers.

'To date the vast majority of employers are complying with their new workplace pension duties without the regulator needing to use our enforcement powers.

'We have provided the tools and assistance that large and medium employers need to ensure millions of workers didn't miss out on the pension contributions they are entitled to. On a small number of occasions, when our intervention has not resulted in the required outcome, we have used our powers to help to ensure employers comply with their duties.'

This article appeared in our August 2014 issue of The Actuary.
Click here to view this issue
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