Auto-enrolment: protection of workers

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Employment expert
Practice notes

Auto-enrolment: protection of workers

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Employment expert

Practice notes
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The auto-enrolment regime, established under the Part 1 of the Pensions Act 2008 (PenA 2008), imposes a statutory duty on employers to make arrangements for the auto-enrolment of all of their ‘eligible jobholders’ into a ‘qualifying scheme’. Employers are also required to contribute to that scheme on behalf of eligible jobholders.

The auto-enrolment regime includes numerous provisions imposing Sanctions upon employers and other parties for non-Compliance. For further information, see Practice Note: Auto-enrolment: the Requirements—Sanctions for non-compliance.

Employees and Workers also enjoy direct protection under employment legislation in relation to their rights under the auto-enrolment regime.

Right of employee not to be unfairly dismissed

An employee (ie an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment) who is dismissed is regarded as automatically unfairly dismissed (see Automatically unfair reasons) if the reason (or, if more than one, the principal reason) for the dismissal is that:

  1. •

    any action was taken, or was proposed to be taken (eg by the Regulator, the employee or their representative), with

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Jurisdiction(s):
United Kingdom
Key definition:
Workers definition
What does Workers mean?

A term that includes employees and also other groups such as agency workers or anyone carrying out work who is not genuinely self-employed.

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