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Crest Healthcare willfully avoids auto enrolment duties

22nd Jan 2018
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The Pensions Regulator (TPR) is in the process of prosecuting Crest Healthcare and their managing director for trying to avoid their automatic enrolment duties and providing a workplace pension for their employees. Sheila Aluko, the MD is accused of willful non compliance under section 45 of the Pensions Act 2008.

The company are also accused of falsely reporting that they had enrolled their 25 staff into a workplace pension scheme. Any employer who actively and willfully provides false information about their auto enrolment compliance will be fined and could lead to court action, which we see here with Crest Healthcare. Providing false information to The Pensions Regulator is an offence under section 80 of the Pensions Act 2004.

Crest Healthcare and Sheila Aluko were summoned to present themselves at Brighton Magistrates’ Court on 22 December 2017. Both will face charges of wilfully failing to comply with their employer auto enrolment duties. There is one charge of ‘knowingly or recklessly providing false or misleading information to TPR.’ This charge can be tried in Crown or magistrates court where the maximum sentence is two years imprisonment with an unlimited fine.

Complying with your automatic enrolment duties should be an easy process with your payroll software. The administrative side of calculating contributions and assessing employees is an automated process as part of your payroll practice. TPR is taking non compliance very seriously. Last year they began conducting spot checks on businesses across the UK. There is no escaping your employer duties and TPR is taking no excuses. The Regulator is urging all employers to be prepared and utilise payroll software that is capable of dealing with your automatic enrolment duties.

Written by Karen Bennett | BrightPay UK Payroll Software

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