A major part of the new workplace pension regulations commencing in October 2012 is to ensure that each member of staff is treated correctly, both in terms of the information they are to receive from the employer and their rights to a pension and the contributions payable by the employer. Their area host of employer responsibilities with auto enrolment, called” Employer Duties” and one of the first is to “Assess your workforce”. Whilst this sounds simple enough, it is time consuming and complicated as the category of worker that a member of staff can be now can be very different to what they may be in the future. Under auto enrolment there are two categories of employee, a worker and a jobholder, and they are then categorised as an eligible jobholder, non-eligible jobholder and an entitled worker. So what does all this mean?
A worker is an employee or someone who has a contract to perform work or services personally that is not undertaking the work as part of their own business. A jobholder is aged between 16 and 74, working or ordinarily works in the UK under their contract and has qualifying earnings. Once identified whether the employee is a worker or a jobholder the employer will then be able to categorise the employee as an eligible or non-eligible jobholder or an entitled worker based on their age, whether the worker is working or ordinarily works in the UK under their contract, and whether qualifying earnings are payable in the relevant pay reference period. Currently the criteria for the three categories are as follows:
Eligible jobholder is aged between 22 and state retirement age, working in UK and earnings from employer above £7,475 in the current pay period. These jobholders must be automatically enrolled and the employer must make contributions to the pension scheme.
Non-eligible jobholder is aged 16 to 75, earnings above £5,035 but below £7,475 or 16 to 22 or SRA to 75 with earnings above £7,475. If the jobholder enrols into the pension scheme the employer must contribute.
Entitled workers are aged 16 to 75, working in UK with earnings from employer below £5,035. These workers can join the pension scheme but the employer does not need to contribute.
(The figures used are correct at time of writing but under review with the DWP and subject to change)
There are set times at which the assessment of each employee must be made in order to correctly categorise them into the above. These times are the employer’s staging date for a worker already in employment on that date, the first day of employment for a worker who starts employment after the employer’s staging date, the date of the worker’s 22nd birthday where this occurs after the employer’s staging date, the date of the worker’s 16th birthday where this occurs after the employer’s staging date, the date they receive an opt-in or joining notice from a worker, the deferral date if an employer has chosen to use the postponement provision for a worker, the day after the transitional period has ended if an employer has chosen to use the transitional period for defined benefit or hybrid schemes and the first day of each pay reference period where the first assessment identifies the worker to be a non-eligible jobholder or entitled worker.

