Are director-only businesses exempt from auto-enrolment?

By Mattioli Woods

16 Nov 2015

As usual with rules and regulations, this is quite a complex area. You can spend significant time trying to identify if you are required to establish a qualifying workplace pension scheme for auto-enrolment. This time could be much better spent on running your business!

The key rules you need to consider:

Director-only businesses

If you don’t have any staff other than directors, you may not have any automatic enrolment duties. You won’t have any duties if the only people working for you are: you as the sole director; a number of directors, none of which has an employment contract; or a number of directors, only one of which has an employment contract. Automatic enrolment will apply if more than one director has an employment contract. In that case, the company will have auto-enrolment duties for those directors who have employment contracts.

What if you have a company secretary or other office holders?

If you only have directors and an office holder (for example, a company secretary or non-exec director) then, provided any such office holder does not have an employment contract, and does not usually receive a ‘salary’ for their services, they are not a worker. Therefore, provided no more than one of your directors has a service contract, the business remains exempt.

The office holder can be on the payroll (and still not be considered to be a worker) – but only for payment of fees for their services and/or their expenses, rather than a salary – so it is important to consider the circumstances in each case. For example, sometimes a person who appears to be an office-holder may also have a contract of service for part of their duties and will therefore be a worker in respect of those duties.

If the company secretary has a contract of employment then the business is subject to auto-enrolment and has duties to that company secretary, and also to any director who has an employment contract (but not to any other directors without a contract).

What if you have low-paid employees?

If you also have some staff, but they are all earning less than the earnings trigger (currently £10,000p.a.) then you don’t need to auto-enrol anyone; however the business still has duties to those employees so you must provide them with information about their right to opt in or join a scheme (and make a declaration of compliance to the Pensions Regulator (TPR)). However, you don’t need to actually set up a scheme until one of your staff chooses to opt in or join.

What do exempt businesses need to do?

You do not need to apply for the exemption unless you receive a letter from The Pensions Regulator (TPR) informing you of your staging date. In these circumstances, you should email them at [email protected] If your circumstances change so that automatic enrolment duties apply to you, you’ll need to inform TPR of this as soon as possible. For example, if you take on a member of staff other than a director, or if at least two directors start working for you under contracts of employment.

Latest news

1

Mayoral authority pathway for Lancashire revealed County Hall in Lancashire

Mayoral authority pathway for Lancashire revealed

28 Oct 2026

2

Healey looks to deliver ‘breathing space’ Johnhealeyofficialcabinetportraitjuly2024cropped2

Healey looks to deliver ‘breathing space’

28 Oct 2026

3

Homes improvement group sells minority stake Sustainable Investments Ltd Partners With Bridges

Homes improvement group sells minority stake

28 Oct 2026

4

Businesses outline hopes for Healey's first budget UK Parliament Budget photo

Businesses outline hopes for Healey's first budget

27 Oct 2026

5

Burnley firm supports West Midlands control room expansion 3924518a 13fa 4496 9444 47a6934fbb65

Burnley firm supports West Midlands control room expansion

27 Oct 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

The Landmark, School Lane, Burnley, BB11 1UF

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Sub36 Reunion & Networking
03 Dec 2026

Sub36 Reunion & Networking

Burnley Football Club, BB10 4BX

15:00 - 17:00

Lancashire Net Zero Conference 2027
NZC27 Social 1200x800Generic 11 Feb 2027

Lancashire Net Zero Conference 2027

The Wellbeing Farm, Egworth, Wheatsheaf Hill Farm, Plantation Road, BL7 0BY

09:30 - 02:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

The PM+M Autumn Budget seminar - East Lancashire
Autumn Budget 2026 LBV 29 Oct 2026

The PM+M Autumn Budget seminar - East Lancashire

Blackburn Rovers Football Club (Premier Suite), Blackburn, BB2 4JF

08:00 - 10:30

Lancashire Finance Leaders Forum: The Autumn Budget in Focus
ian-UmTFcwHLPC0-unsplash.jpg.jpg 29 Oct 2026

Lancashire Finance Leaders Forum: The Autumn Budget in Focus

Farington Lodge Hotel, Stanifield Lane, PR25 4QR

08:00 - 10:00

Blackburn Budget Breakfast 2026
LBV Website Events GraphicBudget Breakfast 30 Oct 2026

Blackburn Budget Breakfast 2026

Premier Suite, Blackburn Rovers FC, Blackburn, BB2 4JF

07:30 - 10:30

Autumn Budget 2026
Lancaster And Morecambe Logo 1 30 Oct 2026

Autumn Budget 2026

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:00 - 10:00

Chamber Breakfast Networking – November
Lancaster And Morecambe Logo 1 03 Nov 2026

Chamber Breakfast Networking – November

Porsche Centre South Lakes, Carnforth, LA6 1FW

08:30 - 10:30

Funding Unlocked
IMG_3058.jpeg.jpg 04 Nov 2026

Funding Unlocked

Accrington Stanley FC, Accrington , BB5 5BX

10:00 - 12:30

Clubhouse Business Network sponsored by Orca Finance - November 2026
Club House Padel 05 Nov 2026

Clubhouse Business Network sponsored by Orca Finance - November 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin