Selectial Recruitment Ltd v The Pensions Regulator

Selectial Recruitment Ltd v The Pensions Regulator

The employer failed to provide a reasonable excuse for non-compliance with the Compliance Notice. Statutory presumptions of service and receipt apply, and no evidence was provided to rebut them. The Regulator was entitled to issue the Fixed Penalty Notice, and the penalty is fixed by law.

Parties
Appellant: Selectial Recruitment Ltd; Respondent: The Pensions Regulator
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
Appeal / Final Judgment
Outcome
reference dismissed; penalty confirmed
Legal Topics
Automatic Enrolment, Compliance Notice, Fixed Penalty Notice, Statutory Duties of Employers
Pensions Regulation Employment Law Automatic Enrolment Compliance Notice Fixed Penalty Notice Statutory Duties of Employers

Case Brief

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Parties

Selectial Recruitment Ltd

Appellant

The Pensions Regulator

Respondent

Procedural Posture

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 lawfully issued and proportionate

Ratio Decidendi

The employer failed to provide a reasonable excuse for non-compliance with the Compliance Notice. Statutory presumptions of service and receipt apply, and no evidence was provided to rebut them. The Regulator was entitled to issue the Fixed Penalty Notice, and the penalty is fixed by law.

Court Disposition

reference dismissed; penalty confirmed

Orders

  • Fixed Penalty Notice confirmed
  • Matter remitted to the Regulator