This is the first time that The Pensions Regulator (TPR) has launched prosecutions for these offences.
Both Stotts Tours (Oldham) and Mr Stott pleaded guilty to eight counts of wilful failure to comply with the automatic enrolment duty under section 3(2) of the Pensions Act 2008, contrary to section 45(1) of that Act, when their case was heard at Brighton Magistrates’ Court on 10 November 2017.
The case was adjourned for sentencing at the same court on 14 December 2017.
TPR is separately pursuing Stotts Tours (Oldham) for £14,400 in civil fines imposed for non-compliance.
Darren Ryder, TPR’s Director of Automatic Enrolment, said:
“Automatic enrolment is not an option, it is the law. Employers should be in no doubt that if they wilfully refuse to become compliant they could end up with a criminal record and a hefty court bill – and will still have to give their staff the pensions they are due.”
Read the full press release from TPR.
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Automatic enrolment: Are your clients thinking of employing temporary or seasonal staff? 14 November 2017
Are your clients employing seasonal staff for the Christmas period and considering using postponement?
The Pensions Regulator has a useful article on this subject. Follow the link below to read further detail and guidance on the use of postponement for seasonal or temporary staff, and how and when this can be applied.
Seasonal workers and postponement - TPR article
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Automatic enrolment: quarterly Compliance & Enforcement bulletin 16 November 2017
The Pensions Regulator (TPR) has published the latest quarterly bulletin which shows that there is nearly a 50% increase in the number of compliance notices issued to employers compared to the last quarter for failing to meet automatic enrolment duties.
TPR has published its latest compliance and enforcement quarterly bulletin and has updated its quarterly lists which name both pension schemes and employers which TPR has taken action against.
Despite the continuing high compliance levels with automatic enrolment duties, more employers have been ordered to pay missing pension contributions, according to the new data; TPR used its powers to issue Unpaid Contributions Notices to 753 employers between July and September this year, an increase from 653 in the previous quarter. These notices require an employer to ensure all backdated contributions are paid within 28 days.
One of the key messages highlighted by Darren Ryder, Director of Automatic Enrolment at TPR is:
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