Tribunal strikes out Skolak Healthcare Ltd's appeal against The Pensions Regulator

Background and Proceedings

The First-tier Tribunal (General Regulatory Chamber) recently struck out an appeal by Skolak Healthcare Ltd against The Pensions Regulator. The decision, delivered by Judge Moan on 17 February 2025, concluded that the Tribunal lacked jurisdiction to hear the appeal, which was related to penalty notices issued by the Regulator.

Details of the Appeal

The case began when Skolak Healthcare Ltd lodged an appeal on 10 September 2024, contesting a fixed penalty notice and an escalating penalty notice. However, the notices themselves were not attached to the appeal, and the decision notices were dated 8 August 2024. The Pensions Regulator clarified that the notices actually dated back to 6 May 2021 and 7 June 2021, respectively.

Legal Requirements for Appeal

Under the Pensions Act 2008, for an appeal to be valid, the appellant must have requested a review of the penalties within 28 days of their imposition, or the Regulator must have conducted a review on its own. The Tribunal found that neither condition was met, as no review had been requested or undertaken by the Respondent.

Chronology of Events

The case's chronology revealed that the Pensions Regulator had been in communication with Skolak Healthcare Ltd since March 2021 regarding their duties. Initially, a fixed penalty was imposed on 22 March 2021, but it was set aside due to incorrect addressing. Subsequent notices were correctly sent, and by 4 July 2021, the escalating penalty had reached £14,000.

Further Developments

In the summer of 2023, further exchanges occurred regarding incomplete schedules and the need for updated employee data. Despite requests for evidence of compliance, Skolak Healthcare Ltd failed to provide the necessary documentation, prompting continued enforcement actions.

Enforcement Actions

The Pensions Regulator pursued enforcement through the County Court, resulting in a judgment on 16 April 2024. An attempt by Skolak Healthcare Ltd to set aside this judgment was dismissed, and they were ordered to cover the Respondent's costs.

Tribunal's Decision

The Tribunal's decision to strike out the appeal was based on the failure to meet pre-conditions for appeal under the Pensions Act 2008. Judge Moan noted that the appeal was filed too late and that Skolak Healthcare Ltd was aware of the non-notification issues at the time of the first penalty notice.

Conclusion

This case underscores the importance of adhering to procedural requirements when contesting regulatory decisions. The Tribunal's decision highlights the necessity for timely action and compliance with statutory conditions to ensure appeals are heard.

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