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England and Wales decisions
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The tribunal dismissed an appeal against a £400 fixed penalty notice under the Pensions Act 2008, finding no reasonable excuse and no rebuttal of service.
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.
The Compliance Notice was correctly served and the Appellant had no reasonable excuse for failing to comply; the penalty notice is confirmed.
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The appellant failed to rebut the statutory presumption of service for the Compliance Notice and Fixed Penalty Notice, and did not establish a reasonable excuse for failing to submit a declaration of compliance within the required time.
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The Employer failed to comply with the Compliance Notice and did not provide a reasonable excuse; the Fixed Penalty Notice was properly issued and confirmed.
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The Fixed Penalty Notice was properly issued for failure to re-declare compliance by the deadline; the employer did not rebut the presumption of service nor provide a reasonable excuse for non-compliance; the penalty is confirmed.
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The Fixed Penalty Notice was properly served to the Employer's last known address, the Employer failed to provide a reasonable excuse for non-compliance, and the penalty is fixed by law; therefore, the penalty is confirmed and the reference is dismissed.
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The Fixed Penalty Notice was properly served at the Employer’s registered office address. The Employer did not have a reasonable excuse for failing to comply with the Compliance Notice, as it is responsible for ensuring its contact information is accurate and for acting on correspondence sent to its registered office. The penalty is mandatory and the Tribunal has no power to reduce it.
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The employer failed to provide a reasonable excuse for non-compliance with the Compliance Notice; all statutory notices were properly served; the penalties were lawfully and appropriately imposed.
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The employer failed to provide evidence to rebut the statutory presumption of service, and no reasonable excuse for non-compliance was established. The Fixed Penalty Notice was the appropriate action.
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