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Employment Law and Auto Enrolment Seminars August/September 2015

 

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 12.45pm finish):

 

25/08/2015         Etc. Venues, EC2M 6UR
25/08/2015         Whitefield Golf Club, M45 7EZ
01/09/2015         Luton Hoo Hotel, LU1 3TQ
02/09/2015         Great Lodge, CM7 4QD
07/09/2015         Macdonald Crutherland House, G75 0QZ
08/09/2015         Best Western Abbots Barton Hotel, CT1 3DU
09/09/2015         Holiday Inn Express Harlow, CM20 1NB
14/09/2015         Lythe Hill Hotel, GU27 3BQ 
16/09/2015         St Helens Rugby Football Club, WA9 3AL
17/09/2015         Bruisyard Hall, IP17 2EJ
18/09/2015         Crowne Plaza Reading, RG1 8BD
21/09/2015         Fulham Football Club, SW6 6HH
22/09/2015         Best Western Oaks Hotel, BB10 2LF
23/09/2015         Best Western Falstaff Hotel, CV32 5JQ
24/09/2015         Alsager Golf & Country Club, ST7 2UR
25/09/2015         Thistle St Albans, The Noke, AL2 3DS
28/09/2015         Holiday Inn London – Oxford Circus, W1G 9BL
29/09/2015         Hotel Pullman London St Pancras, NW1 2AJ
30/09/2015         Doubletree by Hilton Hotel Lincoln, LN1 1YW

 

To register for the event please email: events@Peninsula-UK.com and remember to follow us on twitter @tapassist and @PBSTweets for more information on our upcoming free seminars with Peninsula.

 

 

 

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/

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/

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).

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 […]

What is Pensions Auto Enrolment?

A quick overview
Pensions Auto Enrolment will have an effect on any business in the UK that employs staff, whether it’s just 1 person or 1000s. It all started October 2012, and is being phased in depending on the size of the employer. An employer with “eligible jobholders” will need to automatically enrol them into a Qualifying Workplace Pension Scheme with mandatory minimum contributions from the employer and the employee.

It is essential to be prepared, to ensure the changes required to systems and processes are identified and all parties, including HR, Management and Payroll, fully understand what is required of them. Employers need to understand their duties associated with these new laws, as they could be potentially time consuming, complex to manage and costly to administer:-
Companies will be required to do the following:

Assess eligibility of all employees
Register with the Regulator
Ensure that any existing pension schemes comply with all regulations
Manage the enrolment process for all employees
Manage and update the opting in and out of employees
Manage contributions
Ensure that inducements to opt out are not offered
Provide regular updates and employee communications
Re-enroll opted out employees on a regular basis
Keep accurate records of all the above

Failure to comply
If an employer does not comply, it could face the following consequences:

Compliance notice
A £400 initial fine
Then a fine based on the number of employees

for a company with 49 employees or less it could be up to £500 per day

Why is this happening?
There are a number of reasons as to why Auto Enrolment is happening:

We are all living longer
The Government (WE) cannot afford to pay for state pensions
We are not saving enough

The 7 Key steps to compliance

 Knowing the Staging Dates
Assess your workforce
Review Pension arrangements
Communicate with staff
Enroll the Eligible jobholders
Register with the Regulator and keep records
Contribute to the workers’ […]

Even big companies make Auto Enrolment mistakes…

Wow, someone made a mistake…
According to a report published by the regulator today, Dunelm Soft Furnishings – which has around 4,500 staff across its 127 UK stores got a number of things wrong. So is this the first case of the Pension Regulator using the stick instead of the carrot?

Dunelm appear to have got this really wrong, listed below are the points outlined by the regulator, but reading between the lines, what it really states is that not only did Dunelm miss their staging date, they were still not ready 4-5 months after the date.
1) They did not register in time with the regulator in time despite being given a number of opportunities
2) Failed to enrol a number their 4 weekly paid staff on time
3) Failed to enrol a number their monthly paid staff on time
4)They did not pay the correct contribution level to pension company
Even the big companies can get Auto Enrolment compliance wrong and make Auto Enrolment mistakes , in this case the company was not prepared and it failed in a number of duties. It could not register  in time as it did not have all of its systems and processes in place. let this be a lesson to us all. Be prepaid or prepare to fail.

 

We are able to offer help with delivering Auto Enrolment solutions, so get in touch if you have any
questions?

For a copy of the full report, please see the following link Report under s89 of the Pensions Act 2004

To see the article from Money Marketing please click the link 

 

Who is a Personal Services “Worker” in Auto Enrolment?

Personal Services “Worker” in Auto Enrolment

In the case of a Personal service “worker” in auto enrolment or contractors, an employer will need to be careful how they treat these workers. The following is some information that was given to us by the Pension Regulator when we had our meeting with them. Please keep an eye out for other updates and pieces of information that we are going to share.

 
According to the Pension Regulator: An individual considered as self-employed for tax purposes, could still be assessed as a “worker” for the purposes of the new duties, if:

The employer expects them to perform the work themselves and
They cannot sub-contract the work or send a substitute, unless they are unable to perform the work (e.g. due to sickness)

and:

they are not undertaking the work as part of their own business

The Pension regulator goes on further to say that there are a number of ways for an employer to work out if the service is from a company, so some of the following questions can be asked.
So most, or all, of the following statements are true:- if the employer …

has control over an individual’s method of work (e.g. hours worked);
provides employee benefits;
bears all the significant financial risks in carrying out the work (e.g. the worker is not financially responsible for faulty work);
provides what is required for the individual to carry out the work.

… but this list is not exhaustive, an employer must take into account all relevant considerations and make a reasonable judgement.
As they say it is not exhaustive list, but we work with a partner who have a fantastic process for helping an employer decide if they have workers or a genuine contractor, which should hopefully make life a […]

New Auto Enrolment Deadlines April 14

What are the new Auto Enrolment deadlines?

New Auto Enrolment deadlines
TAP Assist has recently had a meeting with the Pension Regulator…”ohhh” I hear you say…aside from the fact it was a good and successful meeting, we got a load of useful information from our conversation and I would like to share some of that with you in  a number of posts.

Please click on the table to get a larger image. This is a slide that the Pension provider supplied that shows the new Auto Enrolment deadlines as of April 14. They are all minor tweaks, but very important to know.
New Auto Enrolment Deadline Highlights
The most useful is the change is an extension of the time an employer has to get the communications out to the employees who were not already in an existing pension scheme from 1 month to six (6) weeks. This is useful as many employers where finding that the month was not long enough – interestingly, you should have a discussion with your clients about using postponement to the pay roll cut-off date, this allows you “re-start the clock” for the communications because it is from the assessment date, not the staging date that the “clock” starts.

You know also have 5 months to register with tPR (I bet 1 big retailer would have liked that Auto Enrolment deadline to have come in earlier…!)

Can you think of any other deadlines that you would like to change? If you need any help with Auto Enrolment then please get in touch.

Image provided by the Pension Regulator – this content/Slide is from the Pension regulators March 2014 presentation from the industry liaison team