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Can a casual trigger a pension duty for your restaurant?

TS
Valentina Rojas

A UK employer must put staff aged 22 to State Pension age who earn over £10,000 a year (£833 a month, £192 a week) into a workplace pension and pay at least 3% of qualifying earnings. The Pensions Regulator says employers must assess staff individually each time they run payroll; the fixed penalty is £400, then a daily rate of £50 to £10,000.

What the film covers

Questions the film answers

Do I have to pay into a pension for casual workers?

Yes, if the casual is aged 22 or over and earns above £833 a month or £192 a week in a pay period. They must be enrolled and receive at least 3% of qualifying earnings. Casuals under 22, or below the trigger but above the lower limit, can opt in and then receive the employer contribution. The label on the contract does not decide it, age and pay do.

Do zero-hours staff need to be auto-enrolled?

When they first earn over the trigger in a pay period, yes. TPR says employers must assess staff with fluctuating hours individually each time they run payroll, and enrol them the first time they earn over £192 a week or £833 a month. Where there is no usual interval between payments, the pay reference period defaults to one week.

Does auto-enrolment apply to part-time staff?

Part-time staff are covered on the same age and earnings tests as the rest of the crew. A part-timer aged 22 or over earning more than £833 a month is auto-enrolled. Below that but above £520 a month, they can opt in and receive the employer contribution. At or below £520, they may ask to join without a mandatory employer contribution.

Can I delay enrolling a new starter?

Yes, by up to three months, using postponement. The employer must tell the person in writing and let them join in the meantime if they ask. TPR says postponement is optional and does not apply at automatic re-enrolment. Waiting for payroll to be run is a separate choice that TPR says may shorten the time left to complete enrolment.

How much does a restaurant owner pay?

The employer minimum is 3% of qualifying earnings, which are total earnings between £6,240 and £50,270 a year, or £520 a month in the lower slice. In this guide's 14-person example it comes to £264.84 a month for the eight auto-enrolled staff, and £300.28 a month if four more opt in. These are illustrative inputs, not an average.

What is the penalty for not enrolling staff?

TPR's fixed penalty is £400, followed by a daily rate that for 5 to 49 persons in the PAYE scheme is £500 a day under regulation 13. TPR describes a range of £50 to £10,000 a day. Check the in-force table with TPR. Wilful failure and knowingly false declarations are criminal offences.

Read the full articleWorkplace Pension for Restaurant Staff: Auto-EnrolmentA casual who crosses £833 in one busy month can switch on a legal pension duty, and a missed assessment risks fines and backdated contributions.