Ban on questions about pension opt-out during recruitment

Since 1 July 2012, it is unlawful for an employer or employer’s representative (for example, a recruitment agency) to ask workers during the recruitment process whether they plan to opt out of a qualifying auto-enrolment pension scheme. Employers must not ask any question or make any statement (written or verbal) or suggestion that the applicant’s success could depend on whether or not they opt out. These rules apply automatically, whether or not the employer is already subject to auto-enrolment (which is being rolled out in stages, depending on the size of the employer’s workforce).