Commentary on Sections PART 1 – Pension Scheme Membership for Jobholders CHAPTER 3 - Safeguards: Employment and pre-employment
Sections 50 to 58  represent a package of pre-employment and employment safeguards to ensure that individuals’ entitlements under the Act can be protected. The package contains three key elements. Sections 50 to 53 introduce a prohibition on employers attempting to screen out job applicants on the basis that they want to be a member of a pension scheme. Section 54 introduces a prohibition on employers acting (or attempting) to induce employees to opt out from, or cease, membership of a qualifying workplace pension scheme. Both these prohibitions will be enforced by the Pensions Regulator. Sections 55 to 58 provide employees with a range of employment rights to enable them to present a complaint to an industrial tribunal if they feel they have been put at a disadvantage or dismissed as a result of their pension choices.  The Regulator will not have a role in the enforcement of these rights.