Ashley Kevin Purdy 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 there was no sufficient evidence to rebut the presumption of service. The penalty amount is prescribed by law, and the Tribunal has no power to reduce it. Issuing the Penalty Notice was appropriate.
- Parties
- Appellant: Ashley Kevin Purdy; Respondent: The Pensions Regulator
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Pensions Regulatory Appeal / Final Decision on Reference
- Outcome
- reference dismissed
- Legal Topics
- Automatic Enrolment, Employer Duties, Fixed Penalty Notice, Compliance Notice, Statutory Presumptions of Service
Case Brief
Summary, issues, holding and outcome
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Parties
Ashley Kevin Purdy
Appellant
The Pensions Regulator
Respondent
Procedural Posture
Pensions Regulatory Appeal / Final Decision on Reference
Legal Issues
- 1 Whether the employer had a reasonable excuse for failing to comply with the Compliance Notice
- 2 Whether the Fixed Penalty Notice was properly served and appropriate
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 there was no sufficient evidence to rebut the presumption of service. The penalty amount is prescribed by law, and the Tribunal has no power to 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.
Full Case Text
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