De Cecco UK Limited v The Pensions Regulator
[2023] UKFTT 1023 (GRC)
Lawn Road Cafe Ltd v The Pension Regulator
19 January 2024
[2024] UKFTT 58 (GRC)
First-tier Tribunal
A cafe appealed a fine from the Pensions Regulator. The court threw out the appeal because the cafe didn't follow the correct procedure to challenge the fine. The rules say the Regulator must review the fine first, which didn't happen.
Key Facts
- •Lawn Road Cafe Ltd appealed against a Fixed Penalty Notice issued by The Pensions Regulator.
- •The appeal was made on 14 November 2023.
- •The Pensions Regulator applied to strike out the appeal on 29 December 2023, arguing 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 confirmed it had nothing further to add to its submissions on 3 January 2024.
Legal Principles
The First-tier Tribunal (General Regulatory Chamber) only has jurisdiction to hear appeals against financial penalties imposed by The Pensions Regulator if certain pre-conditions are met, including a review by the Regulator.
s. 44(2) of the 2008 Act (unspecified act)
If the Tribunal lacks jurisdiction, it must strike out the appeal and has no discretion to consider it.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, rule 8(2)(a)
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.