Devtech Security Ltd v Pensions Regulator [2025] UKFTT 1192 (GRC) (07 October 2025)

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

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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

  1. 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. 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.