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Does the obligation to auto-enrol employees transfer under TUPE and if so, does liability for detriment claims and Pensions Regulator penalties also transfer if the transferor has failed to auto-enrol?
Resource type: Ask
Published on 12-Jan-2017
We are taking on a service for a new client and it turns out that the existing provider has failed in its obligations to auto-enrol its employees in an auto-enrolment scheme. Firstly, the company missed its staging date by five months and then informed the Pensions Regulator that it has zero employees (mistakenly it thought it was informing the Pensions Regulator that zero employees wished to be enrolled in a pension scheme).
Does liability under sections 55 to 57 of the Pensions Act 2008 transfer under TUPE? Would we inherit any liability for potential detriment claims by the employees? Also, we understand there is the possibility of a fine from the Pensions Regulator could this transfer too?
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