De Cecco UK Limited v The Pensions Regulator
[2023] UKFTT 1023 (GRC)
Divine Care Provider Limited v The Pensions Regulator
16 August 2024
[2024] UKFTT 00750 (GRC)
First-tier Tribunal
A company appealed a fine from the pension regulator, but they didn't follow the rules for appealing. They didn't ask for a review of the fine in time, and missed a deadline to send in their appeal paperwork. Because of this, the judge threw out the appeal.
Key Facts
- •Divine Care Provider Limited (Employer) appealed a penalty notice from The Pensions Regulator.
- •The Employer failed to return a 'Pensions – right to appeal' form within the given deadline.
- •No review of the penalty notice was carried out by the Regulator, nor was a request for review made within the required timeframe.
- •The Employer's defense was that their payroll and pensions were handled by external accountants who subsequently disappeared.
- •The Employer was directed to explain why the appeal should proceed despite the lack of review but failed to do so.
Legal Principles
The Tribunal lacks jurisdiction to hear an appeal where no review of a penalty notice has been carried out, and no request for review has been made within 28 days of the penalty notice being issued.
Sections 43 and 44 of the Pensions Act 2008, as interpreted in Philip Freeman Mobile Welders Limited v The Pensions Regulator [2022] UKUT 62 (AAC)
Failure to comply with Tribunal Procedure Rules can lead to the appeal being struck out.
Rule 8(2) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Procedural Rules 2009
Outcomes
The appeal was struck out.
The Tribunal lacked jurisdiction due to the failure to request a review of the penalty notice, and the failure to comply with case management directions.