Employer Terms and Conditions
Last Updated: 5/10/2018
The Finance (No. 2) Act 2017 allows employers to offer pension advice as a salary sacrifice benefit.
Pension Advice Vouchers is a voucher scheme service that (a) allows employees to spend up to £500 of their pre-tax earnings on advice or information related to their pension arrangements, and (b) allows employers to be confident that qualifying advice has been received from an appropriately authorised professional (the “Service”).
The Service is provided by VouchedFor Limited (“VouchedFor”, “we”, “us”, or “our” as the context dictates), a company registered in England (No. 07485300) whose address is 8 Waldegrave Road, Teddington, Middlesex TW11 8HT.
The Service is offered via the website at www.pensionadvicevouchers.co.uk (the “Website”) and may also be offered via websites owned and operated by third parties independent of VouchedFor (a “Third Party Website”). If you are accessing the Service via a Third Party Website, VouchedFor makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on the Third Party Website.
The terms and conditions set out below ("Terms") govern the use of the Service by employers. By submitting a registration form (“Registration Form”) to use the Service as an employer, you agree to comply with and be bound by these Terms, which together with the Registration Form constitute a binding contract between you and VouchedFor (“Contract”).
1. Key Definitions
In these Terms, the following definitions shall apply:
“Adviser” means the professional adviser who has provided, or who is to provide, the Employee with Pension Advice.
“Business Day” means any day (other than a Saturday, Sunday or public holiday in the United Kingdom) on which clearing banks in the City of London are generally open for business.
“Effective Date” means the date you submit the Registration Form to use the Service.
“Employee” means any person employed by you for whom a Pension Advice Voucher is requested (either by the Employee himself / herself, or by an Adviser on behalf of the Employee).
“Employer”, “you” or “your” means the legal entity offering the Voucher Scheme to its employees, and on whose behalf the Registration Form has been submitted.
“Pension Advice Vouchers” and “Vouchers” means the electronic pension advice cash vouchers which may be requested by an Employee in order to pay for or reimburse the Employee for the cost of Pension Advice he / she has received or is contractually due to receive.
“Pension Advice” and “Advice” means the provision of information, guidance or advice relating to a person’s pension arrangements as defined by HMRC’s Employment Income Manual, section EIM21803.
“Voucher Scheme” means the provision by VouchedFor of a method for qualifying Employees to pay in full or part for Pension Advice from an Adviser, or to be reimbursed for the cost of Pension Advice he / she has received from an Adviser.
“Salary Sacrifice Amendment” means an amendment to the employment terms between you and the Employee, used to agree gross salary reductions to an Employee’s salary.
2. Role of VouchedFor
2.1 In providing the Service, VouchedFor is not acting as a contractor or agent for any other person.
2.2 VouchedFor will ensure that no Employee requests and is approved to receive more than £500 worth of Vouchers in each tax year through the Service.
3.1 By completing a Registration Form and using the Service you unconditionally confirm that the details provided by you in your Registration Form and in your online firm profile are true, fair and accurate in all material respects and complies with all applicable regulatory or statutory requirements. You are responsible for keeping your profile up to date at all times and you must promptly notify VouchedFor of any material changes in relation to your details or status which may affect your eligibility to use the Service.
3.2 As part of the registration process you will be given or create a username and password to allow you to access the Service. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your username and password. You are also accountable for all activities regarding your username, with or without your knowledge or permission. You agree to immediately notify VouchedFor of any unauthorised use of your username or password or any other breach of security. If you knowingly provide your log-on information to another person, your access to the Service may be suspended temporarily or terminated. You agree that VouchedFor assumes no liability for activities accessed through your username and password, nor can or will VouchedFor be liable for any loss or damage arising from your failure to comply with this clause.
4. Your Responsibilities
4.1 You agree that it is your responsibility to:
(as may be and to the extent required by applicable law or regulation) to notify all eligible employees employed by you of the availability of the Service;
ensure that you adhere to all applicable legislation and HMRC published guidance in connection with the salary sacrifice and tax arrangements in respect of the provision of pension advice or guidance related to pensions for your employees as contemplated by this Contract;
ensure that the Employee receives no more than £500 of tax free benefit in total each tax year as a result of using the Service and any other scheme you offer to Employees that takes advantage of the tax exemption outlined by HMRC’s Employment Income Manual, section EIM21803;
ensure that an Employee who uses the Service has the correct amount deducted from his or her salary.
4.2 You further agree and acknowledge that VouchedFor accepts no liability for (i) any fees or penalties owed by you or the Employee as a result of your failure to pay the Employee the correct amount, or (ii) any costs and expenses incurred for misuse of the Vouchers and/or incorrect use of the Voucher Scheme by you.
4.3 Unless you and each Employee agree to amend the Employee’s salary by a recognised method, you agree to and accept, in relation to each Employee, the terms of the Salary Sacrifice Amendment set out in the Schedule to these Terms. You further agree to inform each Employee of the consequences of entering into a Salary Sacrifice Amendment, specifically with regard to National Insurance contributions and issues that are gross pay reliant, such as Tax Credits, bonuses etc.
5.1 You agree to pay VouchedFor a fee of 13.8% of the value of each Voucher requested by an Employee (“Fee”) (for example, an order of £100 worth of Pension Advice Vouchers would result in a fee of £13.80), or such other fee as may be agreed in writing between the parties.
5.2 The Fee is exclusive of VAT which will be charged as an additional item.
5.3 VouchedFor reserves the right to increase the Fee from time to time upon giving you forty-five (45) days prior written notice. You may, upon receiving notice of an increase in the Fee, terminate this Contract with effect from the expiry of the forty-five (45) day notice period, by giving us at least fifteen (15) days’ notice in writing of termination.
5.4 VouchedFor shall invoice the Employer on a monthly basis. The invoice amount shall be the total value of the vouchers approved by the Employer which have not yet been paid to VouchedFor, plus the Fee.
5.5 The Employer agrees to pay all invoices without deduction or set-off as soon as reasonably practicable on the basis that VouchedFor cannot issue a Voucher to the Employee until payment has been made, and in any event, within thirty (30) days of receipt. Payments can be made by the Employer via bank transfer using information provided by VouchedFor.
5.6 Upon payment of the invoice by the Employer:
(i) where the voucher request is concerning Pension Advice that has already been paid for by the Employee, VouchedFor shall contact the Employee directly to arrange payment to the Employee of his / her Pension Advice Voucher via bank transfer; payment by VouchedFor to the Employee will be made within two (2) working days after VouchedFor has received the Employee’s account details and the Employer’s invoice has been paid.
(ii) where the voucher request is concerning Pension Advice that has not yet been paid for, the Employee may instead request that VouchedFor pays out the value of the Voucher to the Employee’s chosen Adviser.
5.7 If after ninety (90) days, VouchedFor has not been able to successfully complete the transfer, the outstanding amount will be returned to the Employer and the request will be cancelled. The Fee will not be refunded in this case, save in circumstances where the transfer cannot be completed through no fault of the Employer or the Employee.
5.8 The Employer shall not be entitled to set off any amount at any time due to it by VouchedFor against any amount payable by the Employer to VouchedFor under this Contract.
6. Data Protection
6.1 For the purposes of this paragraph 6, the following definitions shall apply:
“Agreed Purposes” means the purposes of processing an Employee’s request for Vouchers.
“Controller”, “processor”, “data subject”, “personal data”, “processing” and “appropriate technical and organisational measures” shall all have the meaning given to them in the Data Protection Legislation in force at the time.
“Data Discloser” means a party that discloses Shared Personal Data to the other party.
“Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679), the Data Protection Act 2018 or any successor legislation and any other directly applicable European Union regulation relating to data protection and privacy
“Permitted Recipients” means the parties to this Contract, the employees of each party, and any third parties engaged to perform obligations in connection with this Contract.
“Shared Personal Data” means the personal data which may be shared between the parties under paragraph 6.2 of this Contract. Shared Personal Data shall be confined to the following categories of information relevant to the following categories of data subject:
an Employee’s name;
an Employee’s financial adviser;
an Employee’s payroll ID;
an Employee’s National Insurance number;
the value of the Pension Advice Voucher that has been requested by an Employee;
the fact that an Employee has received financial advice, and whether or not the Employee’s Adviser has verified that the advice qualifies for tax exemptions as defined in relevant sections of the HMRC Employment Income Manual, including sections EIM21803 and EIM44131; and
any personal data relating to an Employee that the Employer, at the request of VouchedFor, shares with VouchedFor.
6.2 Shared Personal Data. Each party acknowledges that one party (the Data Discloser) may regularly disclose to the other party Shared Personal Data collected by the Data Discloser for the Agreed Purposes. This paragraph 6 sets out the framework for the sharing of personal data between the parties as data controllers.
6.3 Effect of non-compliance with Data Protection Legislation. Each party shall comply with all the obligations imposed on a controller under the Data Protection Legislation, and any material breach of the Data Protection Legislation by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this Contract with immediate effect.
6.4 Particular obligations relating to data sharing. Each party shall:
(i) ensure that it has all necessary notices and consents in place to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes;
(ii) process the Shared Personal Data only for the Agreed Purposes;
(iii) not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients, save where disclosure of the Shared Personal Data is required by law or regulation, or by legitimate action of any law enforcement or regulatory body, in which case the relevant party shall only disclose such data to the extent strictly necessary to satisfy that requirement, and shall, to the extent permissible by law or regulation, give the other party as much prior notice of the requirement as possible and taking all reasonable steps to avoid or minimise the extent of the disclosure;
(iv) ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this Contract;
(v) ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, and shall permit the other party (on reasonable request from time to time) to review such measures;
(vi) not transfer any personal data received from the Data Discloser outside the EEA unless the transferor:
a. complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint controller); and
b. ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR; (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) one of the derogations for specific situations in Article 49 GDPR applies to the transfer
6.5 Mutual assistance. Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislation. In particular, each party shall:
(i) consult with the other party about any notices given to data subjects in relation to the Shared Personal Data;
(ii) promptly inform the other party about the receipt of any data subject access request;
(iii) provide the other party with reasonable assistance in complying with any data subject access request;
(iv) not disclose or release any Shared Personal Data in response to a data subject access request without first consulting the other party wherever possible;
(v) assist the other party, at the cost of the other party, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(vi) notify the other party without undue delay on becoming aware of any breach of the Data Protection Legislation;
(vii) at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser on termination of this Contract unless required by law to store the personal data; and
(viii) maintain complete and accurate records and information to demonstrate its compliance with this paragraph 6.
VouchedFor agrees not to communicate or otherwise make available any personal data or other confidential information provided by the Employer to VouchedFor to any third party without the written consent of the Employer, nor use such personal data or confidential information for any purpose, except for the purpose of fulfilling the terms of the Service outlined in this Contract. Nothing in this paragraph shall prevent the disclosure of information which is required by law or regulation, or by legitimate action of any law enforcement or regulatory body, in which case the relevant party shall only disclose such data to the extent strictly necessary to satisfy that requirement, and shall, to the extent permissible by law or regulation, give the other party as much prior notice of the requirement as possible and taking all reasonable steps to avoid or minimise the extent of the disclosure.
8. Third Party Links
The Website may contain links to other websites which are independent of VouchedFor. VouchedFor makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any other site, and if you follow a link to another website you do so at your own risk.
9. Term and Termination
9.1 This Contract commences on the Effective Date, and shall continue in effect for an initial period of twelve (12) months (“Initial Period”), following which it shall automatically renew and continue in effect unless or until terminated by the Employer in accordance with paragraph 5.3 or by either party in accordance with the provisions of this paragraph 9.
9.2 Either party may terminate this Contract with effect from the end of the Initial Period or at any other time after the end of the Initial Period by giving to the other at least forty-five (45) days’ notice in writing of termination.
9.3 Either party may terminate this Contract with immediate effect by notice in writing to the other party in the event of a material breach of this Contract by the other party.
9.4 On termination of the Contract:
(i) any and all outstanding fees, costs or charges payable by the Employer to VouchedFor shall immediately become due and payable; and
(ii) any Vouchers already issued and presented for redemption will be redeemed provided cleared payment has been received for the Vouchers by VouchedFor.
9.5 Any termination of this Contract shall be without prejudice to any other rights or remedies the parties may have under this Contract or at law and shall not affect any accrued rights or liabilities of any party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into or after such termination.
10. Publicity and Marketing
10.1 You agree that VouchedFor may, with your prior approval in accordance with this paragraph 10, issue a press release or other suitable form of publicity (including on the Website) advertising that you are a subscriber to the Service.
10.2 You agree to consider each request for approval and respond within thirty (30) days of receipt of the request. You shall be deemed to have given your approval if you fail to respond within this thirty (30) day period. Your approval may not to be unreasonably withheld.
10.3 Subject to receiving your approval in accordance with paragraphs 10.1 and 10.2, you agree that VouchedFor may (and grant VouchedFor a licence to) use your name, logo and/or trade marks in any such publicity and marketing materials.
11.1 These Terms shall be governed by and interpreted in accordance with English law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
11.2 No failure or delay to exercise, or other relaxation or indulgence granted in relation to, any power, right or remedy under this Contract shall operate as a waiver of it or impair or prejudice it nor shall any single or partial exercise or waiver of any power, right or remedy preclude its further exercise or the exercise of any other power, right or remedy.
11.3 A person who is not a party to this Contract agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, except that each Employee may enforce paragraph 4.3 of this Contract. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this Contract agreement are not subject to the consent of any other person.
11.4 Each party may give any notice or other communication under or in connection with this Contract by letter to the other party’s registered office address or by email to such address email address provided from time to time (notices sent to VouchedFor may be sent by email to firstname.lastname@example.org). Any such communication shall be deemed to be served:
(i) if personally delivered, at the time of delivery and, in proving service, it shall be sufficient to produce a receipt for the notice signed by or on behalf of the addressee;
(ii) if by letter, at noon on the Business Day after such letter was posted (or, in the case of airmail, five Business Days after such letter was posted) and, in proving service, it shall be sufficient to prove that the letter was properly stamped first class (or airmail), addressed and delivered to the postal authorities; and
(iii) if by email, at the time of transmission
11.5 Nothing in this Contract shall be deemed to constitute a partnership between the parties or any other person.
11.6 Each party shall at all times comply with all applicable laws and regulations of governmental or other competent authorities from time to time in performing its obligations under this Contract.
11.7 If any provision of these Terms is held to be illegal or unenforceable such provision shall be severed and the remainder of these Terms shall remain in full force and effect, unless the business purpose of the contract between us is substantially frustrated as a result.
Schedule - Salary Sacrifice Amendment
This Salary Sacrifice Agreement is an Amendment to the Employee’s Contract of Employment with his/her Employer in accordance with Section 4 of the Employment Rights Act 1996 (“Agreement”) referring in particular to the Employee’s salary, which is the contractual cash pay provided by the Employer to the Employee previously agreed between the parties (“Salary”).
“Employee” means the employed individual who receives a salary from the Employer.
“Employer” means the employer who pays the Employee.
“Adviser” means the professional adviser who has provided the Employee with Pension Advice.
“Contractor” means VouchedFor Limited, a company registered in England number 07485300, whose registered office is at 8 Waldegrave Road, Teddington, TW118HT, who is responsible for verifying and processing Pension Advice Voucher requests.
“Pension Advice Vouchers” and “Vouchers” means the electronic pension advice cash vouchers available through the Pension Advice Vouchers scheme operated by the Contractor which may be used to reimburse the Employee for the cost of pension advice they have received.
“Pension Advice” and “Advice” means the provision of information, guidance or advice relating to a person’s pension arrangements as defined by HMRC’s Employment Income Manual, section EIM21803.
1. The Employee’s Salary will be reduced by the financial value agreed when entering into this Agreement, and the Employer will consequently provide pension advice cash vouchers as a benefit (“Pension Advice Vouchers”), allowing the Employee to receive a tax free payment of equivalent value.
2. The Employer may decide to reduce the Employee’s salary by the total value of the Voucher in one go, or they may choose to spread the deductions over a number of months (up to a maximum of 12 months). In the event that the deduction is not a one off event, the Employer must notify the Employee of the arrangement.
3. The Employee may apply for Pension Advice Vouchers for Pension Advice they have received since the beginning of the current tax year.
4. The maximum value of the Pension Advice Vouchers requested by the Employee in each tax year may not exceed the lower of £500, or the total amount they have paid for pension advice in the current tax year. In addition, no Pension Advice Vouchers may be requested for advice that was paid for via the Employee’s pension fund(s).
5. Employer shall not enter into this Agreement or make any related amendment to Employee’s Salary if doing so would constitute a breach of any legislation and/or HMRC published guidance in connection with the provision of salary sacrifice benefits and related tax arrangements.
6. The Employer agrees to provide Pension Advice Vouchers as a benefit, allowing the Employee to redeem them for their value.
7. The Employer agrees to take all reasonable steps to protect all Employee personal information, including personal contact information and information about the advice they have received which is limited to the following:
(i). The Employees’ name;
(ii). The Employee’s financial adviser;
(iii) the value of the Pension Advice Voucher that has been requested; and
(iv) the fact the Employee has received financial advice.
8. The Employer agrees to process requests for Pension Advice Vouchers on a timely basis, and without reasonable delay. If the Employee’s request cannot be processed within 30 days, the Employer agrees to notify the Employee as soon as possible.
9. The Employee agrees not to request a greater value of Pension Advice Vouchers than they are entitled to receive.
10. The Employee agrees to provide the Employer with all the information required for the Employer to create an order for Pension Advice Vouchers. The Employee is responsible for ensuring that all data regarding their personal contact information, their Adviser, and the amount they have paid to their Adviser are accurate.
11. The Employee agrees that the Employer may share their personal data with the Contractor for the purposes of processing their request for Pension Advice Vouchers. This includes the Employee’s personal contact information and information about the Employee’s Adviser.
12. Both the Employer and the Contractor shall be entitled to request and to receive from the Employee’s financial adviser details of the services the Employee has received, including the details of payments made to the Employee’s financial adviser.
13. It is the Employee’s responsibility to determine and understand the effect on his/her financial position by entering into this Agreement in respect of Employer or state benefits which may include but are not limited to Statutory Sick Pay, Statutory Maternity Pay and Tax Credits.
14. It is the Employee’s responsibility to pick the financial adviser or other pension advice service that suits their needs and preferences. Neither the Contractor or the Employer may be held liable in the event that there is a dispute between the Employee and the Adviser.
15. The Employee agrees that in order to receive Pension Advice Vouchers they must have received pension advice from a financial adviser in the current tax year. The Contractor will be responsible for verifying the type and value of pension advice that the Employee has received.
16. By entering into this agreement, the Employee grants permission to be contacted by the Contractor for the purposes of administering the scheme and arranging for any payment owed by the Contractor to the Employee.
17. In the event that the value of advice received cannot be verified, the Employee will be unable to claim or cash in any Pension Advice Vouchers.
18. Any payments owed by the Employee to their Adviser remain the responsibility of the Employee to pay. Neither the Contractor or the Employer will be held responsible for Employee failure to pay agreed fees.
19. The Employer shall be entitled to terminate this agreement and to cease to provide the Pension Advice Vouchers with immediate effect in the case of a breach of the conditions of this Agreement by the Employee.