Thackwray Roofing Limited v The Pensions Regulator

Thackwray Roofing Limited v The Pensions Regulator

The fixed penalty notice was lawfully issued as the compliance notice was properly served to the registered office, the presumption of receipt was not rebutted, and the appellant did not have a reasonable excuse for failing to comply.

Parties
Appellant: Thackwray Roofing Limited; Respondent: The Pensions Regulator
Jurisdiction
England and Wales
Judgment Date
03 January 2023
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Automatic Enrolment, Employer Duties, Compliance Notice, Fixed Penalty Notice
Pensions Regulatory Law Automatic Enrolment Employer Duties Compliance Notice Fixed Penalty Notice

Case Brief

Summary, issues, holding and outcome

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Parties

Thackwray Roofing Limited

Appellant

The Pensions Regulator

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  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 fixed penalty notice was lawfully issued as the compliance notice was properly served to the registered office, the presumption of receipt was not rebutted, and the appellant did not have a reasonable excuse for failing to comply.

Court Disposition

Appeal dismissed

Orders

  • Fixed penalty notice confirmed
  • Matter remitted to the Regulator