Who is responsible for complying with the auto-enrolment duties in respect of agency workers?

If the agency worker has a contract, the party (ie agency or client) with whom the agency worker has the contract of employment or contract to provide services will be responsible for complying with any auto-enrolment duties in relation to the worker.

Where there is no contract, s.89 of the Pensions Act 2008 provides that whoever is responsible for paying the agency worker (or actually pays him or her) will be responsible for complying with the auto-enrolment duties.