AC Precision Engineering Limited v The Pensions Regulator

AC Precision Engineering Limited v The Pensions Regulator

The employer failed to provide evidence to rebut the statutory presumption of service, and no reasonable excuse for non-compliance was established. The Fixed Penalty Notice was the appropriate action.

Parties
Appellant: A C Precision Engineering Limited; Respondent: The Pensions Regulator
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Regulatory Tribunal Reference / Final Determination on the Papers
Outcome
reference dismissed
Legal Topics
Fixed Penalty Notice, Statutory Presumption of Service, Automatic Enrolment, Employer Duties
Pensions Law Regulatory Law Fixed Penalty Notice Statutory Presumption of Service Automatic Enrolment Employer Duties

Case Brief

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Parties

A C Precision Engineering Limited

Appellant

The Pensions Regulator

Respondent

Procedural Posture

Regulatory Tribunal Reference / Final Determination on the Papers

Legal Issues

  1. 1 Whether the Fixed Penalty Notice was properly issued and served
  2. 2 Whether the employer had a reasonable excuse for non-compliance with the Notice of Compliance

Ratio Decidendi

The employer failed to provide evidence to rebut the statutory presumption of service, and no reasonable excuse for non-compliance was established. The Fixed Penalty Notice was the appropriate action.

Court Disposition

reference dismissed

Orders

  • Fixed Penalty Notice confirmed
  • Matter remitted to the Regulator