Key Facts
- •Global Skills Meet Ltd appealed a Fixed Penalty Notice from The Pensions Regulator for non-compliance with automatic re-enrolment requirements.
- •The appeal was based on mitigating circumstances due to the proprietor's ill health.
- •The Regulator applied to strike out the appeal due to lack of jurisdiction.
- •The Regulator did not conduct a review of the penalty notice because no review request was received within the time limit.
- •The Appellant did not respond to the Tribunal's invitation for representations on the strike-out application.
Legal Principles
The Tribunal only has jurisdiction to hear appeals against financial penalties from The Pensions Regulator if certain pre-conditions are met, including a review by the Regulator.
s. 44 (2) of the 2008 Act
If the Tribunal lacks jurisdiction, it must strike out the appeal and has no discretion to consider it.
Tribunal Rules
Rule 8(2)(a) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 allows for the striking out of an appeal where the Tribunal lacks jurisdiction.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009
Outcomes
The appeal was struck out.
The Tribunal lacked jurisdiction because The Pensions Regulator did not conduct a review of the penalty notice, a pre-condition for the Tribunal to hear the appeal.