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England and Wales Case Law

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Pensions regulation

Earo Estates Ltd v The Pensions Regulator

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.

  • Automatic enrolment
  • Fixed penalty notice
  • Compliance notice
  • Employer duties
  • Service of statutory notices
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Pensions law

Hamilton Quantity Surveying Limited v The Pensions Regulator

The Tribunal dismissed an employer’s appeal against a £400 pensions fixed penalty notice, finding the compliance notice was properly issued and deemed received.

  • Automatic enrolment compliance
  • Service of statutory notices
  • Statutory presumptions
  • Employer duties
  • Fixed penalty notices
  • Automatic-enrolment
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Pensions

Colrei Limited v The Pensions Regulator

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.

  • Automatic enrolment
  • Compliance notice
  • Fixed penalty notice
  • Employer duties
  • Automatic-enrolment
  • Compliance-notice
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Pensions law

JO Cutteridge v The Pensions Regulator

The employer failed to make required pension contributions and did not comply with the unpaid contribution notice. Personal difficulties and delegation of duties did not constitute a reasonable excuse. The fixed penalty notice was properly issued and upheld.

  • Fixed penalty notice
  • Unpaid contributions
  • Employer duties
  • Automatic enrolment
  • Reasonable excuse
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Pensions 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.

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

Bangor Abbey Preschool Ltd v The Pensions 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.

  • Automatic enrolment
  • Employer duties
  • Compliance notice
  • Fixed penalty notice
  • Declaration of compliance
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Pensions

Baytree Bistro & Bar Ltd v The Pensions Regulator

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.

  • Automatic enrolment
  • Employer duties
  • Compliance notice
  • Fixed penalty notice
  • Service of documents
  • Automatic-enrolment
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Pensions law

Nightingale Care Home Ltd v The Pensions Regulator

The tribunal dismissed Nightingale Care Home Ltd’s challenge to automatic enrolment penalties and remitted the matter to the Pensions Regulator.

  • Automatic enrolment
  • Employer duties
  • Penalty notices
  • Statutory compliance
  • Automatic-enrolment
  • Pensions-regulation
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Pensions law

Dee Haulage Limited v The Pensions Regulator

The tribunal found that statutory notices were validly served to the registered office, the appellant failed to rebut the presumption of service or provide a reasonable excuse for non-compliance, and the penalties imposed were lawful and mandatory under the regulations.

  • Automatic enrolment
  • Employer duties
  • Statutory notice service
  • Penalty notices
  • Compliance requirements
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Pensions law

Reactive Zero 2 Limited v The Pensions Regulator

The Tribunal dismissed Reactive Zero 2 Limited’s challenge to pension penalty notices, finding the notices were properly issued and received, and that no reasonable excuse was shown.

  • Automatic enrolment
  • Employer duties
  • Penalty notices
  • Tribunal jurisdiction
  • Reasonable excuse
  • Automatic-enrolment
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.