Baytree Bistro & Bar Ltd v The Pensions Regulator

Baytree Bistro & Bar Ltd v The Pensions Regulator

The Fixed Penalty Notice was lawfully served and the statutory presumption of service was not rebutted. The Appellant did not have a reasonable excuse for non-compliance, and late compliance does not negate liability. The penalty is mandatory and properly imposed.

Parties
Appellant: Baytree Bistro & Bar Ltd; Respondent: The Pensions Regulator
Jurisdiction
England and Wales
Judgment Date
23 March 2026
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Automatic Enrolment, Employer Duties, Compliance Notice, Fixed Penalty Notice, Service of Documents

Case Brief

Summary, issues, holding and outcome

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Parties

Baytree Bistro & Bar Ltd

Appellant

The Pensions Regulator

Respondent

Procedural Posture

Appeal / Final Judgment

  1. 1 Whether the Fixed Penalty Notice was lawfully served and enforceable against the Appellant
  2. 2 Whether the Appellant had a reasonable excuse for failing to comply with the Compliance Notice
  3. 3 Whether late compliance negates liability for the penalty

Ratio Decidendi

The Fixed Penalty Notice was lawfully served and the statutory presumption of service was not rebutted. The Appellant did not have a reasonable excuse for non-compliance, and late compliance does not negate liability. The penalty is mandatory and properly imposed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.