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Do employers need to obtain employees' consent for them to join a qualifying auto-enrolment pension scheme? What is the position if eligible jobholders do not want to join an auto-enrolment pension scheme? What is re-enrolment under the auto-enrolment pension provisions?
One of the employer duties under the pensions auto-enrolment provisions is to provide certain information to workers. All employers will have an obligation to provide specified information to their workers within prescribed time limits. For example, employers must give information to eligible jobholders who are being automatically enrolled. This information must include details of what automatic enrolment means for them, their right to opt out and opt back in and where they can find further information about pensions and savings for retirement. Employers must provide this information by no later than one month after the eligible jobholder's automatic enrolment date. Those eligible jobholders who are already members of a qualifying pension scheme must be provided with information about that scheme within two months of their enrolment date.
The only exception to the duty to provide specified information is that it is not necessary for employers to provide information to an entitled worker (ie a worker who earns less than the national insurance lower earnings limit) who is already a member of a relevant pension scheme.
All information under the employers' information duty has to be provided in writing, which can include sending information by email, but will not include merely putting information on a company intranet or noticeboard.
The Pensions Regulator has published guidance on employers' information duties (see Information to workers (PDF format, 150K) (on the Pensions Regulator website)).
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