England and Wales Case Law

Gas Smart Teeside Limited v The Pensions Regulator

The appellant failed to provide a reasonable excuse for non-compliance with the Unpaid Contributions Notice. The statutory obligations remained with the employer regardless of delegation or alleged difficulties with the pension provider. The Fixed Penalty Notice was lawfully imposed and the prescribed penalty amount is not subject to reduction.

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• Automatic enrolment
• Employer duties
• Fixed penalty notice
• Unpaid contributions
• Compliance notices

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Safe Hands Care and Support Services v Ofsted

The First-tier Tribunal upheld Ofsted’s 12-week suspension of Safe Hands Care and Support Services’ registration over safeguarding risks in supported accommodation.

• Suspension of registration
• Safeguarding
• Supported accommodation
• Proportionality
• Compliance notices
• Suspension-of-registration

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DEA Building Contractors Limited v The Pensions Regulator

The Tribunal dismissed an employer’s reference against a £400 pensions penalty, holding that service of the compliance notice was presumed and no reasonable excuse was shown.

• Employer duties
• Automatic enrolment
• Compliance notices
• Fixed penalty notices
• Presumption of service
• Pensions

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Oliver Barke & Anor v Fenland District Council

The penalty notices were justified as the appellants let properties without valid EPCs at level E or above during the relevant period. The breaches were clear and persistent, and the Council's enforcement was proportionate. However, penalties for false or misleading information were reduced due to insufficient evidence.

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• Energy efficiency
• Private rented property
• Penalties
• Exemptions
• Compliance notices

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Dalbagh Singh Soor v Luton Borough Council

The tribunal dismissed a landlord’s appeal against revised penalties for missing EPCs and ignoring a compliance notice under the 2015 Regulations.

• Energy efficiency
• Penalty notices
• Compliance notices
• Private rented property
• Statutory obligations
• Energy-efficiency

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Cavendish Lettings Limited v Nottingham City Council

The appellant admitted the facts, including a lengthy period of non-compliance and failure to comply with the compliance notice. Although improvements were made and acknowledged by a penalty reduction, the appellant did not demonstrate that the penalty was inappropriate in all the circumstances. The penalty notice is affirmed.

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• Energy efficiency
• Financial penalties
• Compliance notices
• Appeals procedure

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Irving George Limited v The Pensions Regulator

The Tribunal dismissed Irving George Limited’s challenge to a £400 automatic enrolment penalty, finding no reasonable excuse for missing a compliance deadline.

• Automatic enrolment
• Employer duties
• Compliance notices
• Fixed penalty notices
• Automatic-enrolment
• Employer-duties

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