Calendar An icon of a desk calendar. Cancel An icon of a circle with a diagonal line across. Caret An icon of a block arrow pointing to the right. Email An icon of a paper envelope. Facebook An icon of the Facebook "f" mark. Google An icon of the Google "G" mark. Linked In An icon of the Linked In "in" mark. Logout An icon representing logout. Profile An icon that resembles human head and shoulders. Telephone An icon of a traditional telephone receiver. Tick An icon of a tick mark. Is Public An icon of a human eye and eyelashes. Is Not Public An icon of a human eye and eyelashes with a diagonal line through it. Pause Icon A two-lined pause icon for stopping interactions. Quote Mark A opening quote mark. Quote Mark A closing quote mark. Arrow An icon of an arrow. Folder An icon of a paper folder. Breaking An icon of an exclamation mark on a circular background. Camera An icon of a digital camera. Caret An icon of a caret arrow. Clock An icon of a clock face. Close An icon of the an X shape. Close Icon An icon used to represent where to interact to collapse or dismiss a component Comment An icon of a speech bubble. Comments An icon of a speech bubble, denoting user comments. Comments An icon of a speech bubble, denoting user comments. Ellipsis An icon of 3 horizontal dots. Envelope An icon of a paper envelope. Facebook An icon of a facebook f logo. Camera An icon of a digital camera. Home An icon of a house. Instagram An icon of the Instagram logo. LinkedIn An icon of the LinkedIn logo. Magnifying Glass An icon of a magnifying glass. Search Icon A magnifying glass icon that is used to represent the function of searching. Menu An icon of 3 horizontal lines. Hamburger Menu Icon An icon used to represent a collapsed menu. Next An icon of an arrow pointing to the right. Notice An explanation mark centred inside a circle. Previous An icon of an arrow pointing to the left. Rating An icon of a star. Tag An icon of a tag. Twitter An icon of the Twitter logo. Video Camera An icon of a video camera shape. Speech Bubble Icon A icon displaying a speech bubble WhatsApp An icon of the WhatsApp logo. Information An icon of an information logo. Plus A mathematical 'plus' symbol. Duration An icon indicating Time. Success Tick An icon of a green tick. Success Tick Timeout An icon of a greyed out success tick. Loading Spinner An icon of a loading spinner. Facebook Messenger An icon of the facebook messenger app logo. Facebook An icon of a facebook f logo. Facebook Messenger An icon of the Twitter app logo. LinkedIn An icon of the LinkedIn logo. WhatsApp Messenger An icon of the Whatsapp messenger app logo. Email An icon of an mail envelope. Copy link A decentered black square over a white square.

Pension regulator a ‘wake-up’ call for for employers

Harvey Aberdein
Harvey Aberdein

It has not been a good month for small business. For 16 years, firms across the UK have been following regulations in good faith, only to be told last week that they should have been including overtime in holiday pay.

The impact of this decision should not be underestimated – it almost certainly will force some companies out of business if employees are allowed to claw back 16 years’ worth of payments.

I am afraid I have to be the bearer of more bad news – there is another potential pitfall for small firms just around the corner.

Businesses with between 50 and 249 employees have until April to get all their employees enrolled into a pension scheme.

To date, the UK Government has been nice about the roll-out of the scheme, but it is beginning to show its teeth.

Its regulator has for the first time used its powers and served three firms with fixed penalties in respect of compliance failings.

Furthermore, during its most recent round of case reviews between July and September 2014, it issued 163 compliance notices to employers to remedy one or more auto-enrolment contraventions. That compares with just 14 issued for the period October 2012-July 2014.

Compliance notices aim to give employers a wake-up call that they need to provide the pensions their employees are due. Fixed penalties follow where employers fail to act upon these notices and escalating daily penalty notices is an additional power available to the regulator.

With the number of employers due to reach their staging date increasing significantly over the coming months, the number of breaches will almost certainly rise.

The Pensions Regulator itself has said that they expect to see an increase in the number of times where they need to use their powers. This expectation is because many small to medium-sized employers will either leave their preparations to the last minute, don’t know when they need to comply or don’t even know that the law applies to them. The regulator has made it clear that this type of non-compliance will not be tolerated.

We would strongly endorse the regulator’s own recommendation to prepare early with the initial step being to find out when your staging date is. Auto-enrolment can represent a huge challenge for employers and Aberdein Considine can help you navigate through all of the complexities and keep you compliant.

On a personal note, I recently retired as a partner of my firm after 33 years, although I will continue as a consultant.

Perhaps I can pass on one or two thoughts?

Firstly, to other business people in senior positions contemplating retirement and the passing on of responsibilities – I would urge early planning to ensure a smooth transition.

A detailed analysis of all the facets of the business to be passed is essential and will undoubtedly throw up some interesting decisions as to who the recipients might be. Working with those who will take forward the business is a process which certainly needs months, if not years.

In my own case, I am very fortunate that the firm’s co-founder and fellow senior partner, Iain Considine remains with the business to guide our new Managing Partner and management committee.

Secondly, what will I miss and what will I not miss?

I will definitely miss my clients and my colleagues.

If I had to describe both in one word it would be “loyal”. From the earliest of days, we have been blessed with clients who have stayed with us throughout the years and entrusted us with their various legal, financial and property needs. It has been immensely satisfying to see so many of them grow with the firm.

I frequently told my various teams they were the best in the business – and I meant it. We have clubs for staff who have been with us for 10, 15, 25 and even 30 years. Entry is marked by an increase in staff benefits and what is usually a lively social event. They thoroughly deserve it and I know my partners deeply appreciate the commitment and loyalty of each and every one of them.

What I won’t miss is the dear old Law Society. I will tell you why next time . . .