Quelink Ltd v The Pensions Regulator

     By this reference Quelink Limited (the "Appellant") has appealed against a fixed penalty notice issued by the Pensions Regulator (the "Regulator") on 1 June 2023, requiring the Appellant to pay a fixed penalty of �400 for failure to comply with a compliance notice.

     The parties have agreed to a paper determination of the appeal. The Tribunal is satisfied that it can properly determine the issues without a hearing within rule 32(1)(b) of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (as amended).

     The Pensions Act 2008 (the "Act") imposes a number of requirements on employers in relation to the automatic enrolment of certain "job holders" in occupational or workplace personal pension schemes.�

     The Regulator has statutory responsibility for ensuring compliance with these requirements.� Under Section 35 of the Act, the Regulator can issue a compliance notice if an employer has contravened one of more of its employer duties.� A compliance notice requires the person to whom it is issued to take (or refrain from taking) certain steps in order to remedy the contravention, and will usually specify a date by which these steps should be taken.

     Under Section 40 of the Act, the Regulator can issue a fixed penalty notice if it is of the opinion that an employer has failed to comply with a compliance notice.� This requires the person to whom it is issued to pay a penalty within the period specified in the notice.� The amount is to be determined in accordance with regulations.� Under the Employers' Duties (Registration and Compliance) Regulations 2010 (the "2010 Regulations"), the amount of a fixed penalty is �400.