Sure Services Group Limited v The Pensions Regulator

Sure Services Group Limited v The Pensions Regulator

The compliance notice was properly served at the registered office, the appellant did not rebut the presumption of service, and no reasonable excuse for non-compliance was established. The fixed penalty notice was lawfully issued and confirmed.

Parties
Appellant: Sure Services Group Limited; Respondent: The Pensions Regulator
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Regulatory Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Automatic Enrolment, Employer Duties, Compliance Notice, Fixed Penalty Notice, Service of Notice, Reasonable Excuse

Case Brief

Summary, issues, holding and outcome

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Parties

Sure Services Group Limited

Appellant

The Pensions Regulator

Respondent

Procedural Posture

Regulatory Appeal / Final Judgment

  1. 1 Whether the fixed penalty notice was lawfully issued
  2. 2 Whether the compliance notice was properly served
  3. 3 Whether the appellant had a reasonable excuse for non-compliance

Ratio Decidendi

The compliance notice was properly served at the registered office, the appellant did not rebut the presumption of service, and no reasonable excuse for non-compliance was established. The fixed penalty notice was lawfully issued and confirmed.

Court Disposition

Appeal dismissed

Orders

  • Fixed penalty notice confirmed
  • Matter remitted to the Regulator