Evan One Ltd v The Pensions Regulator

Evan One Ltd v The Pensions Regulator

The employer failed to provide any proper basis for non-compliance with the Compliance Notice. The Regulator's requests were lawful and appropriate. The employer's failure to provide information, even during review, justifies upholding the Fixed Penalty Notice.

Parties
Appellant: Evan One Ltd; Respondent: The Pensions Regulator
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Regulatory Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Fixed Penalty Notice, Compliance Notice, Employer Duties, Pensions Auto Enrolment
Pensions Law Regulatory Law Fixed Penalty Notice Compliance Notice Employer Duties Pensions Auto Enrolment

Case Brief

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Parties

Evan One Ltd

Appellant

The Pensions Regulator

Respondent

Procedural Posture

Regulatory Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Fixed Penalty Notice was lawfully issued under the Pensions Act 2008
  2. 2 Whether the employer complied with the Compliance Notice requirements
  3. 3 Whether the Regulator acted appropriately in issuing and confirming the penalty

Ratio Decidendi

The employer failed to provide any proper basis for non-compliance with the Compliance Notice. The Regulator's requests were lawful and appropriate. The employer's failure to provide information, even during review, justifies upholding the Fixed Penalty Notice.

Court Disposition

appeal dismissed

Orders

  • Reference dismissed and matter remitted to the Regulator
  • Fixed Penalty Notice confirmed