Devtech Security Ltd v Pensions Regulator [2025] UKFTT 1192 (GRC) (07 October 2025)
The Tribunal has no jurisdiction to hear the reference because the Appellant's application for review of the Fixed Penalty Notice was made outside the statutory 28-day period and the Regulator declined to exercise its discretion to review the notice; neither statutory condition for Tribunal jurisdiction was satisfied.
- Citation
- [2025] UKFTT 1192 (GRC)
- Parties
- Appellant: Devtech Security Limited; Respondent: The Pensions Regulator
- Jurisdiction
- United Kingdom
- Judgment Date
- 07 October 2025
- Procedural Posture
- Pensions Penalty Appeal / Strike Out Application, Decided Without a Hearing
- Outcome
- reference struck out for want of jurisdiction
- Legal Topics
- Fixed Penalty Notice, Auto Enrolment Compliance, Tribunal Jurisdiction, Review of Regulatory Decisions
Case Brief
Summary, issues, holding and outcome
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Parties
Devtech Security Limited
Appellant
The Pensions Regulator
Respondent
Procedural Posture
Pensions Penalty Appeal / Strike Out Application, Decided Without a Hearing
Legal Issues
- 1 Whether the Tribunal has jurisdiction to hear a reference where the application for review of a Fixed Penalty Notice was made outside the statutory 28-day period
- 2 Whether the Appellant rebutted the statutory presumptions regarding service and timing of the notice
Ratio Decidendi
The Tribunal has no jurisdiction to hear the reference because the Appellant's application for review of the Fixed Penalty Notice was made outside the statutory 28-day period and the Regulator declined to exercise its discretion to review the notice; neither statutory condition for Tribunal jurisdiction was satisfied.
Court Disposition
reference struck out for want of jurisdiction
Orders
- The reference is struck out under Rule 8(2) of The Tribunal Procedure (First-tier Tribunal) (General Regulatory) Rules 2009.
Full Case Text
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