# The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010, Regulation 5B: Notice of termination of employment


(1) This regulation applies, subject to paragraph (3), where notice of termination of a worker’s employment is given before the end of the period of six weeks beginning with the automatic enrolment date or automatic re-enrolment date, as the case may be.
(2) Where this regulation applies—
(a) sections 3(2) (automatic enrolment) and 5(2) (automatic re-enrolment) of the Act are to be read as if for “must” there were substituted “may”;
(b) section 7(3) (jobholder’s right to opt in) of the Act is to be read as if there were inserted at the end—
“unless notice of termination of employment of that jobholder has been given (and the jobholder and the employer have not agreed that such notice is withdrawn)”.
(c) section 9(2) (workers without qualifying earnings) of the Act is to be read as if there were inserted at the end—
“unless notice of termination of employment of that worker has been given (and the worker and the employer have not agreed that such notice is withdrawn)”.
(3) Where a jobholder and employer agree that the notice of termination of the jobholder’s employment referred to in this regulation is withdrawn, paragraphs (1) and (2) cease to apply on the date of that agreement and, subject to paragraph (4), for the purposes of sections 3(2) and 5(2) of the Act, as the case may be—
(a) the automatic enrolment date; or
(b) the automatic re-enrolment date,
is the date of that agreement.
(4) Where, on the date referred to in paragraph (3), section 3 or 5, as the case may be, does not apply to the jobholder, the next date on which one of those sections applies to that jobholder is to be taken as the automatic enrolment date or automatic re-enrolment date, as the case may be, in relation to that jobholder.

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Source: https://www.legislation.gov.uk/uksi/2010/772/regulation/5B (the official version)
Page: https://openlegislation.uk/occupational-and-personal-pension-schemes-automatic-enrolment-regulations-2010/regulation-5B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.