Michael

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So far Michael McLaughlin has created 30 blog entries.

Employment Law and Auto Enrolment Seminars September 2014

TAP Assist and Peninsula Business Services Seminars
 

Our partnership with Peninsula Business Services continues to flourish as the worlds of Employment Law and Auto Enrolment are inextricably linked. There are factors within Auto Enrolment which necessitate employment contracts being reviewed and possibly changed and we are therefore continuing our work with Peninsula in holding joint free seminars for business owners and Directors.

If you would like to attend or know anyone who would be interested, we are appearing over the next couple of weeks at the following venues (all 9.30 am coffee for 10.am start with a 12.30 finish):

01/09/2014         Seattle Hotel, Brighton, BN2 5WA
02/09/2014         Copthorne Hotel, Cardiff-Caerdydd, Cardiff, CF5 6DH
08/09/2014         Lion Quays Hotel and Spa, Oswestry, SY11 3EN
08/09/2014         Business Design Centre Islington, N1 0QH
09/09/2014         Hotel Verta, London, SW11 3RP
10/09/2014         The Oxford Hotel, Oxford, OX2 8AL
11/09/2014         Three Rivers Golf & Country Club, Purleigh, CM3 6RR
11/09/2014         The Haycock Hotel, Peterborough, PE8 6JA
12/09/2014         Park Inn by Radisson, Telford, Telford Centre, TF3 4NA
15/09/2014         West Ham United Football Club London E13 9AZ
15/09/2014         London Bridge Hotel, London, SE1 9SG
17/09/2014         Three Swans Hotel, Market Harborough               LE16 7NJ
17/09/2014         The Spa Hotel, Tunbridge Wells TN4 8XJ
18/09/2014         Edinburgh Marriott Hotel, Edinburgh, EH12 8NF
19/09/2014         Thistle St Albans – The Noke, St Albans, AL2 3DS
22/09/2014         Burnley F.C., Burnley, BB10 4BX
26/09/2014         Tilsworth Golf & Conference Centre, Tilsworth, LU7 9PU
29/09/2014         Nutfield Priory Hotel & Spa, Redhill, RH1 4EL
29/09/2014         Chateau Impney Hotel & Exhibition Centre, Worcestershire, WR9 0BN

 

You can register as follows:-

Email: Events@Peninsula-UK.com

Employment Law and Auto Enrolment Seminars August 2014

TAP Assist and Peninsula Business Services Seminars
 

Our partnership with Peninsula Business Services continues to flourish as the worlds of Employment Law and Auto Enrolment are inextricably linked. There are factors within Auto Enrolment which necessitate employment contracts being reviewed and possibly changed and we are therefore continuing our work with Peninsula in holding joint free seminars for business owners and Directors.

If you would like to attend or know anyone who would be interested, we are appearing over the next couple of weeks at the following venues (all 9.30 am coffee for 10.am start with a 12.30 finish):

01/08/2014         The Grange Hotel, Thurston, IP31 3PQ
11/08/2014         Sundridge Park Manor, Bromley, BR1 3FZ
13/08/2014         Holiday Inn London Commercial Road, London,E1 2BP
13/08/2014         Menzies Cambridge, Cambridge, CB23 8EU
15/08/2014         Lakeside Park Hotel, Ryde, PO33 4LJ
21/08/2014         The Sussex Exchange, St Leonards on Sea, TN38 9AG
28/08/2014         Alderley Edge Hotel, Alderley Edge, SK9 7BJ
29/08/2014         Swansea Marriott Hotel, Swansea, SA1 3SS

You can register as follows:-

Email: Events@Peninsula-UK.com

Phone: 0844 892 2771

Text: RSVP to 60777

Website: http://www.peninsulagrouplimited.com/events/

The Pensions Regulator report 2013-14

 
The year in review by the Pensions regulator 2013-14
The Pensions Regulator report 2013-14 has been released and it makes for some good reading. If you want a copy of the overview please click the following link tPR report 2013-14 overview or for the full annual report

I am just going to talk about the Auto Enrolment side of things:

Over 10,500 employers registered
3,200,000 workers were enrolled into qualifying schemes
99% of employers were compliant without the need for tPR to step in
Only 14 compliance notices were issued

Great, that is a good start….but what about the remaining 1,100,000 or so employers to go.
As the number of employers reaching their staging date increases, tPR by necessity is going to need to automate more of their processes. This will mean more letters, warnings and compliance notices. For example if you have not made your declaration of compliance (which is the artist formally known as registration) within 5 months after your staging date, 4 weeks after this a letter will be sent – no one will call to see how you are, how they can help, what you need to do – which is what happened with the large companies… 4 weeks after this an employer could be looking at a fine – potentially, I say potentially because tPR has stated that it will try to help, but with the sheer numbers of employers all staging at the same time (on average 40,000 employers from mid 2015 unitl 2018!) I do not see how they will be able to manage.

This is just one example of why you need to get things moving early and avoid the capacity crunch.
Simply Enrolment: AE  Ready
TAP Assist has just launched a “solution in a box” called AE Ready; It is a very […]

Employment Law and Auto Enrolment Seminars July 2014

TAP Assist and Peninsula Business Services Seminars
 

Our partnership with Peninsula Business Services continues to flourish as the worlds of Employment Law and Auto Enrolment are inextricably linked. There are factors within Auto Enrolment which necessitate employment contracts being reviewed and possibly changed and we are therefore continuing our work with Peninsula in holding joint free seminars for business owners and Directors.

If you would like to attend or know anyone who would be interested, we are appearing over the next couple of weeks at the following venues (all 9.30 am coffee for 10.am start with a 12.30 finish):-

3 July Mercure Letchworth Hall Hotel, Letchworth Garden City – SG6 3NP
7 July Ricoh Arena Coventry – CV6 6GE
8 July Billesley Manor Hotel – B49 6NF
9 July Guildhall Winchester – SO23 9GH
10 July Milton Keynes Hotel – MK19 6JU
16 July Legacy Kingscliff Hotel – CO15 5JB

You can register as follows:-

Email: Events@Peninsula-UK.com

Phone: 0844 892 2771

Text: RSVP to 60777

Website: http://www.peninsulagrouplimited.com/events/

Employment Law and Auto Enrolment Seminars June 2014

TAP Assist and Peninsula Business Services Seminars
Our partnership with Peninsula Business Services continues to flourish as the worlds of Employment Law and Auto Enrolment are inextricably linked. There are factors within Auto Enrolment which necessitate employment contracts being reviewed and possibly changed and we are therefore continuing our work with Peninsula in holding joint free seminars for business owners and Directors.

If you would like to attend or know anyone who would be interested, we are appearing over the next couple of weeks at the following venues (all 9.30 am coffee for 10.am start with a 12.30 finish):-

18th June, CEME Conference Centre, Rainham, RM13 8EU
20th June, Marriott Bexleyheath, DA6 7JZ
23rd June, Chase Lodge House, Kingston Upon Thames, KT1 4AS
23rd June, Pride Park, Derby, DE24 8XL
25th June, Carnegie Conference Centre, Dunfermline, KY11 8DY
26th June, Dynamic Earth Centre, Edinburgh EH8 8AS

You can register as follows:-
Email: Events@Peninsula-UK.com

Phone: 0844 892 2771

Text: RSVP to 60777

Website: http://www.peninsulagrouplimited.com/events/

More to Auto Enrolment than you think!

There’s more to Auto Enrolment than you think ……
One thing we always say on our travels is that there is more to Auto Enrolment than just the provision of a pension.

During our many employer events with Peninsula Business Services, we always tell companies that Auto Enrolment involves not just the pension but also, administration, compliance and in certain circumstances employment contracts.
Certain subjects such as probation periods for new joiners, eligibility periods for pension schemes and salary exchange can mean that contracts need to be reviewed and amended. This is why we work with Peninsula as we believe that in order to help companies achieve compliance, they need to know who to turn to for help in the more specialised areas around Auto Enrolment.

HR advisers will play a bigger part in years to come as Auto Enrolment could be the cause of many employee/employer disputes and companies will need to ensure they are protected against the prospect of claims and tribunals.
HR Services provided by Peninsula Business Services Limited*
Employment Law and Health and Safety services
This is a comprehensive, cost-effective alternative to employing expensive HR and/or Health and Safety staff for SME’s. The service includes personalised documentation, 24h advice, legal representation and insurance. Employers can also access all the services and documentation from anywhere in the world via the internet.

If you and/or your clients need any help, please let us know (support@tapassist.co.uk)and we will make the introduction.

*Peninsula Business Services Limited is authorised and regulated by the Financial Conduct Authority for the sale of non-investment insurance contracts (Register No. 468574).

Top ten tips for registering with the Pensions Regulator

Top ten tips Top ten tips for registering with the Pensions Regulator
1. Make sure you’re prepared – download the check list http://www.thepensionsregulator.gov.uk/docs/automatic-enrolment-online-registration-checklist.PDF  you will need to fill in all the information  please see our blog on how Dunlm got it wrong http://tapassist.co.uk/auto-enrolment-mistakes/

2. It is your responsibility as an employer to be compliant – having the pension scheme in place will not be enough…

3. Start ahead of time with information you already know – your progress will be saved on line

4. To re-access a saved registration, you’ll need to know the Employer pension scheme reference (EPSR), Pension scheme registry number (PSR) or unique NEST ID entered.

5. Complete registration when you have completed the automatic enrolment of your eligible jobholders

6. You can act on behalf of a number of employee please hit the ‘acting on behalf of an employer’ button

7. You must treat each employer separately if you have more than one employer within your group

8. The Pensions Regulator only want to know about pension schemes that have been used for automatic enrolment.

9. Make sure you know about and tell us about every PAYE scheme the employer uses.

10. There is a video that can help you available on the following link: http://livegroup.co.uk/registration

TAP Assist has recently launched Simply Enrolment: Simply Enrolment is a DIY solution that will guide you or your clients through the workplace pensions reform (Auto Enrolment) legislation.

For more information please see the www.simplyenrolment.co.uk

Who is a UK worker under Auto Enrolment rules?

Wholly or ordinarily working in UK
TAP Assist look at what is a UK worker as per the Auto Enrolment legislation. TAP Assist has had a number of meetings with the Pensions Regulator and they are keen to get across this understanding. So please find some information that was supplied to us from the Pensions Regulator.

 
A worker can be considered to be wholly working in the UK*:

If a worker’s contract specifies that the work is to be done in the UK; or
If they are an “offshore worker” and work in the territorial waters of the UK
(or in the UK sector of the continental shelf – please see Employer’s Detailed Guides); and there is no simultaneous employment relationship between the worker and a
non-UK employer for the same work
It does not matter whether the worker is a UK national
It does not matter whether they make occasional business trips outside the UK

Or, if they are not wholly working in the UK (eg an airline pilot), do they ordinarily work in the UK?
What does the employment contract specify and how does it work in practice:

Where the worker begins and ends their work
Where their private residence is, or is intended to be
Where the worker’s headquarters is
Whether they pay income tax and national insurance contributions in UK
Whether their work has a sufficiently strong connection to the UK
What currency they are paid in

*Please note the Channel Isles and the Isle of Man are outside the UK
Personal services workers (please see our blog on personal services workers)
As with personal services workers it has the potential to be slightly grey in nature, although applying the above questions to an individual should help it become a little clearer. As we always say if you are unclear […]

Secondments and Auto Enrolment

Secondments into and out of UK
TAP Assist look at how the Auto Enrolment legislation could impact a company if they use employees on secondment. TAP Assist has had a number of meetings with the Pensions Regulator and they are keen to get across this understanding. So please find some information that was supplied to us from the Pensions Regulator.

UK workers
If a UK-based employer makes a short term placement of a worker outside the UK they will need to consider whether the worker’s base remains in the UK despite their placement overseas, so:
If the worker’s contract remains with the employer located in the UK; and

There is an expectation on the part of the employer that the worker will resume working in the UK for the UK-based employer at the end of the placement; and
That worker would be, were it not for the placement, assessed as working or ordinarily working in the UK;
Then the worker is likely to be considered to be ordinarily working in the UK.

If a non-UK employer sends a worker on secondment to a UK organisation, the non-UK employer will need to consider whether the worker’s base remains outside the UK despite their secondment to the UK, so:

If the worker’s contract remains with the employer located outside the UK; and
There is an expectation on the part of the employer that the worker will return to work for their employer outside the UK at the end of their placement;

Then the worker is unlikely to be considered to be ordinarily working in the UK.
Individuals working on secondment from another company will usually remain a worker for the company from which they are seconded.

As with personal services workers it has the potential to be slightly grey in […]

Auto Enrolment fines and Penalties

What will happen if you don’t comply with Auto Enrolment?
With regards to Auto Enrolment, it is the Pensions Regulator who is responsible for ensuring that a company complies with their employer duties. There are a number of overlapping situations that a company may fall foul of around employment & discrimination laws and/or regulations from the FCA (Financial Conduct Authority – formally the FSA Financial Services Authority), but with regards to Auto Enrolment it is the Pensions Regulator.

In all the conversations that we have had with the Pensions Regulator they are trying to focus on a “carrot approach” (guidance, education and support) rather than imposing the “stick approach” (Auto enrolment fines and penalties).  Basically they are looking to help companies who are trying toachieve compliance, but they have significant powers to take action against employers who wilfully fail to carry out their duties.

Regular readers will know that we do 3-6 seminars a week with SME’s on Auto Enrolment and an employer recently said to us “for all your scaremongering, we all know that the Pensions Regulator will not visit hundreds of thousands of companies’’

“Our reply?”

“They won’t have to, they have a computer to do it for them!!!!’’

These powers can range from issuing warning letters to some very hefty fines.
Initial Minor breach
As an example this could be for first time breach in the areas of non-compliance of duties or unpaid contributions or not registering with the Regulator. The Regulator may issue a company with a warning letter emphasising any breaches of duty that an employer has knowingly or unknowingly made and they will set out a time frame for compliance. Normally just a letter called an enforcement notice or an improvements notice…

Please note that around 8% of […]