Saki Soft Ltd v The Pensions Regulator

Saki Soft Ltd v The Pensions Regulator

The employer failed to comply with the Compliance Notice by not filing the required declaration, regardless of whether a named individual was in the scheme. The notices were properly issued and served, and no valid excuse or evidence was provided to overturn the penalty.

Parties
Appellant: Saki Soft Ltd; Respondent: The Pensions Regulator
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Regulatory Tribunal Reference / Final Determination on the Papers
Outcome
Appeal dismissed
Legal Topics
Fixed Penalty Notice, Compliance Notice, Employer Duties, Tribunal Review
Pensions Law Regulatory Law Fixed Penalty Notice Compliance Notice Employer Duties Tribunal Review

Case Brief

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Parties

Saki Soft Ltd

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 valid excuse for non-compliance with the Compliance Notice

Ratio Decidendi

The employer failed to comply with the Compliance Notice by not filing the required declaration, regardless of whether a named individual was in the scheme. The notices were properly issued and served, and no valid excuse or evidence was provided to overturn the penalty.

Court Disposition

Appeal dismissed

Orders

  • Reference dismissed
  • Matter remitted to the Regulator