Q: We’re a husband and wife company – do automatic enrolment duties apply to us?
A: If no one else is working for the company it will depend on your roles and if you have employment contracts as to whether or not you have automatic enrolment duties. You can find more information about employment contracts at CLICK HERE
If you are both directors:
The company WILL have automatic enrolment duties for both of you if each has an employment contract.
The company WON’T have any automatic enrolment duties if only one of you has an employment contract or neither of you has.
If one of you is a director and the other is not:
The company will have automatic enrolment duties for the person who isn’t a director.
If you both have contracts of employment, the company will also have automatic enrolment duties for the person who is a director.
If the company does have automatic enrolment duties for anyone, what you need to do will depend on their age and earnings. If you believe you don’t have automatic enrolment duties you will need to write to the Pensions Regulator.
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