Allen Shaw v The Pensions Regulator

Allen Shaw v The Pensions Regulator

The employer did not have a reasonable excuse for failing to comply with the Compliance Notice; all correspondence was sent to the correct address and the presumption of service was not rebutted; the penalty is fixed by law and the Tribunal cannot reduce it; issuing the Penalty Notice was appropriate.

Source-derived case information.

Parties
Appellant: Allen Shaw; Respondent: The Pensions Regulator
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
Regulatory Appeal / Final Judgment
Outcome
reference dismissed
Legal Topics
Automatic Enrolment, Employer Duties, Fixed Penalty Notice, Declaration of Compliance
Pensions Law Regulatory Law Automatic Enrolment Employer Duties Fixed Penalty Notice Declaration of Compliance

Source-derived case record

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Parties

Allen Shaw

Appellant

The Pensions Regulator

Respondent

Procedural Posture

Regulatory Appeal / Final Judgment

Legal Issues

  1. 1 Whether the employer had a reasonable excuse for failing to comply with the Compliance Notice
  2. 2 Whether the Fixed Penalty Notice was properly issued and should be confirmed

Ratio Decidendi

The employer did not have a reasonable excuse for failing to comply with the Compliance Notice; all correspondence was sent to the correct address and the presumption of service was not rebutted; the penalty is fixed by law and the Tribunal cannot reduce it; issuing the Penalty Notice was appropriate.

Court Disposition

reference dismissed

Orders

  • The matter is remitted to the Regulator.
  • The penalty notice is confirmed.