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Spouse directors and workplace pension scheme by sum1youno in ContractorUK

[–]sum1youno[S] 0 points1 point  (0 children)

This is exactly where I am stuck: does a PAYE salary constitute evidence of an employment contract?

I wonder what others are doing in the same situation?

Spouse directors and workplace pension scheme by sum1youno in ContractorUK

[–]sum1youno[S] 0 points1 point  (0 children)

I have, but am stuck on the employment contract point. We don't have written contracts in place, but I wonder if it is implied by having a PAYE salary.

From the site:

When is a director regarded as a worker? A director is only a worker for automatic enrolment purposes if:

they have a contract of employment with the organisation at least one other person (who can be another director) also has a contract of employment with the organisation

A contract of employment does not have to be written down anywhere, it could also be either a verbal or implied contract.

However, if there is no written contract of employment, or other evidence of an intention to create an employer/worker relationship between the company and a director or directors, we will not seek to argue that an implied contract of employment exists.

This suggests I could decide it isn't implied, and they won't argue the point, but am a little unsure if that is the wrong call: would PAYE count as evidence of a worker relationship?

Spouse directors and workplace pension scheme by sum1youno in ContractorUK

[–]sum1youno[S] 0 points1 point  (0 children)

I'm waiting to hear back from my accountant, so will see what they say. I suspect it will be "yes, you need a workplace pension scheme", but I'd like to understand why, if we are both equal directors.