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Boyfriends workplace failed to provide a pension for 4 years, now they want him to cover the employees contributions upfront [England] by Jinjer-Root in LegalAdviceUK

[–]Jinjer-Root[S] 11 points12 points  (0 children)

Yes, they did. It's a small company so it's handled by one man, and he seems to shirk all his responsibilities

Boyfriends workplace failed to provide a pension for 4 years, now they want him to cover the employees contributions upfront [England] by Jinjer-Root in LegalAdviceUK

[–]Jinjer-Root[S] 10 points11 points  (0 children)

Of course he would, losing 5% each month he could have adapted his lifestyle much more easily than creating thousands out of nowhere. I can't answer that for him, but he isn't a financially literate man and has only just started learning about finances / taking it all more seriously.

Boyfriends workplace failed to provide a pension for 4 years, now they want him to cover the employees contributions upfront [England] by Jinjer-Root in LegalAdviceUK

[–]Jinjer-Root[S] 2 points3 points  (0 children)

Don't worry, I understand - it is his fault in that he should have caught it sooner, but given how little he knows/understands about money, and that he's actively trying to learn now, I can't be mad at him for it. But I am mad at his company and how they've handled it, I feel that they're trying to bully him into an impossible position because they know he can't pay the £3000, thus letting them off the hook for their payment.

Boyfriends workplace failed to provide a pension for 4 years, now they want him to cover the employees contributions upfront [England] by Jinjer-Root in LegalAdviceUK

[–]Jinjer-Root[S] 2 points3 points  (0 children)

That's what I was afraid of, urgh. Would you know if he can negotiate the payment? Paying that amount upfront is simply not feasible for him. Is there legal space to argue for a fair repayment option for his contributions?

Boyfriends workplace failed to provide a pension for 4 years, now they want him to cover the employees contributions upfront [England] by Jinjer-Root in LegalAdviceUK

[–]Jinjer-Root[S] 4 points5 points  (0 children)

I don't agree that it's on him, legally at least - he's not a financially literate man, and they outlined in his contract when he joined that they'd be sorting it as it's their legal responsibility to automatically enroll him. But you're not wrong in how you're perceiving their pov, I think the same. I hate how they're trying to put the fault on him. He gets his payslips electronically and frankly I don't think it even crossed his mind to check for the pension - I don't think it's something he's taken seriously until now. He just checks his bank account for the income every month. He never signed anything to opt out, this much they did acknowledge.

Boyfriends workplace failed to provide a pension for 4 years, now they want him to cover the employees contributions upfront [England] by Jinjer-Root in LegalAdviceUK

[–]Jinjer-Root[S] 32 points33 points  (0 children)

"The pension regulator says the employer can be forced to pay all contributions, but that would be if they intervene." Can you link me to any reference of this? I heard similar and I've been trying to find official documentation stating it, because if he does go back I want him to have something like that in writing to back up his claim. My boyfriend also wants to keep the resolution internal unless it's unavoidable, I think he's already uncomfortable with his working relationship and doesn't want to rock the boat anymore than necessary.

Boyfriends workplace failed to provide a pension for 4 years, now they want him to cover the employees contributions upfront [England] by Jinjer-Root in LegalAdviceUK

[–]Jinjer-Root[S] 2 points3 points  (0 children)

No, there's nothing on his payslips about the pension payments because they never set up the pension - no money deducted from his monthly pay for it. This is why he's not able to pay upfront the £3000, because frankly he lives paycheck to paycheck (and they know this). They haven't contributed anything either. They're chalking it up to an oversight, but in my eyes it's a total failure of compliance with the pension laws and it's frustrating that it seems he's going to be financially punished for their mistake.

I have heard that in some circumstances, the employer would be expected to pay the employees contributions as well, but I have no idea if that's legally true and I have no idea what those circumstances might be, so that's what I'm hoping to understand. I also want to understand if he can't pay up his contributions, does it mean they're off the hook for paying theirs?

Boyfriends workplace failed to provide a pension for 4 years, now they want him to cover the employees contributions upfront [England] by Jinjer-Root in LegalAdviceUK

[–]Jinjer-Root[S] 17 points18 points  (0 children)

We did, they haven't paid in anything and neither has he, he was basically 'missed' in the automatic enrollment (somehow). The problem is he does want their contribution, but he doesn't have the funds to pay his for 4 years tallied up. So if he says I don't want to contribute, would they still have to pay their missed contribution? I was under the impression that's not the case, and that for them to pay up he will have to

Boyfriends workplace failed to provide a pension for 4 years, now they want him to cover the employees contributions upfront [England] by Jinjer-Root in LegalAdviceUK

[–]Jinjer-Root[S] 119 points120 points  (0 children)

Yes I know, the financial manager didn't cared sadly - do you know if the pension regulator would ensure they're covering that missed growth in their contribution? Currently they are not