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England and Wales decisions
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The appellant failed to comply with the compliance notice by the specified deadline, had the tools and opportunity to do so, and no reasonable excuse was established. The fixed penalty notice was validly served and proportionate.
Source excerpt
The Tribunal struck out an appeal against a £400 pensions fixed penalty notice for want of jurisdiction, and said it would dismiss the appeal in any event.
The tribunal dismissed Colrei Limited’s appeal against a £400 fixed penalty notice, found the compliance notice was received, and held no reasonable excuse was shown.
The notices were properly served to the appellant's registered address, the appellant's bare assertion of non-receipt is insufficient to displace the presumption of service, and the penalty is appropriate and fixed by statute.
Source excerpt
The tribunal dismissed A K Contracting Ltd’s challenge to a £400 fixed penalty for failing to comply with a pensions compliance notice and remitted the matter to the regulator.
The tribunal dismissed an appeal against a £400 fixed penalty notice for failure to comply with a pensions compliance notice, remitting the matter to the regulator.
The appellant failed to demonstrate a reasonable excuse for non-compliance with the re-declaration requirements; notices were properly served and the statutory penalty applies.
Source excerpt
The Tribunal dismissed an employer’s appeal against a £400 fixed penalty notice for failing to file a declaration of compliance on time under auto-enrolment rules.
The First-tier Tribunal dismissed an employer’s appeal against a £400 automatic-enrolment fixed penalty notice. It held the notices were properly served and late compliance did not avoid liability.
The tribunal upheld a £400 fixed penalty against Holyrood Dental Care Limited for failing to meet automatic enrolment re-declaration duties and rejected its non-receipt argument.
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