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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
All Rights Guides
Pensions

Your Rights as a Pension Scheme Member

If you are a jobholder aged at least 22, under pensionable age, and earning more than £10,000 from your employer, your employer must automatically enrol you into a qualifying workplace pension scheme under the Pensions Act 2008. Your scheme must also provide regular benefit statements and information about charges and governance, and you generally have the right to transfer to another scheme. Pension guidance and complaint-handling are split between separate bodies: The Pensions Regulator supervises schemes and enforces employer duties, MoneyHelper (run by the Money and Pensions Service) gives free, impartial guidance on your options, and if you have a dispute that cannot be resolved directly with your scheme, The Pensions Ombudsman — a free, independent service — can investigate and issue a binding determination without you needing to go to court. Every scheme must first operate an Internal Dispute Resolution Procedure before a complaint reaches the Ombudsman. Jurisdiction: UK-wide (auto-enrolment and TPO cover England, Wales, Scotland and Northern Ireland).

Last updated: 2026-03-09

Your Rights

Right to automatic enrolment

If you are an eligible worker (aged 22+, earning over £10,000, working in the UK), your employer must automatically enrol you in a qualifying workplace pension scheme and contribute at least 3% of qualifying earnings.

Pensions Act 2008, ss.3-5

Right to employer contributions

Your employer must contribute at least 3% of your qualifying earnings. The total minimum contribution (employer + employee) is 8%. Your employer cannot reduce your pay to offset their pension contributions.

Pensions Act 2008; The Automatic Enrolment Regulations

Right to information

Your scheme must provide you with regular benefit statements, information about charges, investment performance, and the scheme's governance. For defined benefit schemes, you can request a statement of your accrued benefits.

Pensions Act 2004; Disclosure Regulations 2013

Right to transfer

You generally have the right to transfer your pension to another scheme. For defined benefit schemes worth over £30,000, you must take independent financial advice before transferring.

Pension Schemes Act 1993, s.94

Right to complain

Every pension scheme must have an Internal Dispute Resolution Procedure (IDRP). If your complaint is not resolved, you can refer it to the Pensions Ombudsman, whose decisions are legally binding.

Pensions Act 1995, s.50; Pensions Act 2004

Protection against unfair dismissal

It is automatically unfair to dismiss or disadvantage you for exercising pension rights, including joining a scheme or making contributions.

Employment Rights Act 1996, s.104D

Common Myths

Myth

Your employer can opt you out of the workplace pension without your consent

Reality

Only you can opt out. Your employer commits a criminal offence if they encourage or coerce you to opt out.

Myth

If your employer goes bust, you lose your pension

Reality

Defined contribution pensions are held in a separate trust or insurance policy. Defined benefit pensions are protected by the Pension Protection Fund (PPF).

Myth

You can access your pension at any age

Reality

The minimum pension age is currently 55 (rising to 57 in 2028). Accessing pensions earlier is usually only possible through scams — beware.

What To Do

1

Check your pension contributions

Review your payslip and pension statements to ensure your employer is making the correct contributions.

2

Request a benefit statement

Ask your pension scheme for a current benefit statement showing your accrued benefits and projected retirement income.

3

Trace lost pensions

Use the Government's Pension Tracing Service to find pensions from previous employers.

4

Report employer non-compliance

If your employer is not enrolling you or paying contributions, report them to The Pensions Regulator.

Key Legislation

  • Pensions Act 2008
  • Pensions Act 2004
  • Pensions Act 1995
  • Pension Schemes Act 1993
  • Pension Protection Fund

Useful Contacts

The Pensions Regulator

Regulates workplace pension schemes and enforces employer duties.

Tel: 0345 600 7060

Website

Pensions Ombudsman

Investigates complaints about pension scheme maladministration.

Tel: 0800 917 4487

Website

MoneyHelper

Free impartial pensions guidance.

Tel: 0800 011 3797

Website

Pension Tracing Service

Find lost pensions from previous employers.

Website

Frequently asked questions

Who is eligible for automatic enrolment into a workplace pension?
If you are an eligible worker aged 22 or over, earning more than £10,000, and working in the UK, your employer must automatically enrol you in a qualifying workplace pension scheme. They are legally required to contribute at least 3% of your qualifying earnings to the scheme.
What are the minimum pension contribution rates for employers and employees?
The minimum total contribution is 8% of qualifying earnings, split between the employer and employee. The employer must contribute at least 3% of your qualifying earnings. It is illegal for your employer to reduce your pay to offset their pension contributions.
Can I transfer my pension to another scheme?
Generally, you have the right to transfer your pension to another scheme. However, if you are transferring a defined benefit scheme worth over £30,000, you are required to take independent financial advice before proceeding with the transfer.
Can my employer opt me out of a workplace pension without my consent?
No, only you can opt out of a workplace pension. Your employer cannot opt you out without your consent. If an employer encourages or coerces you to opt out, they commit a criminal offence.
At what age can I access my pension?
The minimum pension age is currently 55, rising to 57 in 2028. You generally cannot access your pension before this age. Attempts to access pensions earlier are usually associated with scams, so you should be cautious of such offers.
What should I do if my employer is not paying pension contributions?
If your employer is not enrolling you in a pension scheme or failing to pay the required contributions, you should report them to The Pensions Regulator. They regulate workplace pension schemes and enforce employer duties.