Is it illegal for my employer not to pay my pension?

Yes — if you're eligible for auto-enrolment, your employer is legally required to enrol you and make minimum contributions. Failing to do so is a criminal offence. The Pensions Regulator can issue compliance notices, financial penalties, and even prosecute employers who don't meet their duties.

How do I check if my employer is paying my pension?

Check your payslip — pension contributions should be listed. You can also log into your pension provider's website or app to view payments received. If contributions are missing, contact your pension provider first, then raise it with your employer. Keep records of all communications.

What can I do if my employer hasn't paid my pension contributions?

First, raise it with your employer in writing. If they don't resolve it, contact The Pensions Regulator (TPR) who can investigate and force compliance. You can also contact ACAS or Citizens Advice. If you've suffered financial loss, you may be able to claim compensation.

Can my employer opt me out of my pension?

No — your employer cannot opt you out. Only you can choose to opt out, and your employer must not encourage or pressure you to do so. If they do, this is a criminal offence. If you've been opted out without your consent, report it to The Pensions Regulator immediately.

What Happens If Your Employer Doesn't Pay Your Pension — UK Rules | PocketWise

What Happens If Your Employer Doesn't Pay Your Pension — UK Rules

What to do if your employer isn't paying into your workplace pension. Auto-enrolment duties, how to check contributions, and where to complain.

By PocketWise · 8 April 2026 · 4 min read

Your employer has a legal duty to pay into your workplace pension. If they’re not doing it, you have strong rights and clear routes to get it fixed.

Auto-Enrolment — Your Employer’s Legal Duties

Under auto-enrolment law, your employer must:

Enrol you into a qualifying pension scheme if you’re aged 22+ and earn over £10,000/year
Make minimum contributions (currently 3% of qualifying earnings)
Deduct your contributions from your pay and send them to the pension provider
Not encourage or pressure you to opt out

Minimum Contribution Rates

Who Pays	Minimum % of Qualifying Earnings
Employer	3%
Employee	5% (includes tax relief)
Total	8%

Qualifying earnings are the portion of your salary between £6,240 and £50,270 (2024/25 thresholds).

Signs Your Employer Isn’t Paying

Watch for these red flags:

No pension deduction on your payslip — contributions should appear every pay period
Pension provider shows missed payments — check your online account
You were never enrolled — no pension welcome letter or login details
Contributions appear on payslip but don’t reach your pension — the most serious scenario
Employer says you’re “not eligible” when you meet the criteria

What to Do Step by Step

1. Check Your Payslip and Pension Account

Compare what’s being deducted from your pay with what’s arriving at your pension provider. Your employer must pay contributions to the pension provider by the 22nd of the month following the deduction (or 19th if paying by cheque).

2. Raise It With Your Employer in Writing

Email or write to your employer (or HR/payroll department):

State the specific months contributions are missing
Ask for confirmation of when payments will be made
Keep a copy of all correspondence

3. Contact Your Pension Provider

Ask your pension provider:

Which months have received contributions
The amounts received vs what was expected
Whether they’ve contacted your employer about missed payments

4. Report to The Pensions Regulator (TPR)

If your employer doesn’t resolve it, contact The Pensions Regulator:

Use their online complaint form
They can investigate and take enforcement action
You can report anonymously if you’re worried about your job
TPR treats employer pension failures seriously

5. Get Further Help

ACAS — free advice on employment rights
Citizens Advice — help with next steps
Pension Advisory Service (MoneyHelper) — free pension guidance
Employment tribunal — if you’ve been treated unfairly for raising the issue

What The Pensions Regulator Can Do

TPR has significant enforcement powers:

Action	What It Means
Compliance notice	Formal order to meet pension duties
Fixed penalty	£400 fine
Escalating penalty	Up to £10,000/day (£50,000 for employers with 500+ staff)
Unpaid contributions notice	Order to pay all missing contributions
Criminal prosecution	For the most serious or persistent offences

If Your Employer Has Deducted But Not Paid

This is the most serious scenario. If your employer deducts pension contributions from your wages but doesn’t pass them to the pension provider, this may constitute:

Theft — taking money meant for your pension
Fraud — deception about where the money is going

The Pensions Regulator and potentially the police can investigate. Your employer could face criminal prosecution.

Getting Missing Contributions Back

If contributions were missed:

TPR can order your employer to pay arrears with investment returns
Your pension provider may have a process for backdating missed contributions
If your employer is insolvent, the National Insurance Fund may cover unpaid contributions (limited to certain amounts)

Protection From Retaliation

You have legal protection if you raise pension issues:

Your employer cannot dismiss you for asking about pension contributions
You cannot be treated less favourably (e.g., denied promotion, given worse shifts)
If they retaliate, you can take them to an employment tribunal
Time limit for tribunal claims is usually 3 months from the incident

When You Might Not Be Eligible

Not everyone qualifies for auto-enrolment:

Under 22 or over State Pension age — but you can still ask to join
Earning under £10,000/year — you can opt in if earning over £6,240
Not working in the UK — different rules apply
Already in a qualifying scheme — check it meets minimum standards

Even if you’re not automatically enrolled, you have the right to join a pension scheme and receive employer contributions if you earn above the lower threshold.