Auto Enrolment First Prosecution

The first ever pensions auto-enrolment prosecution

The Pensions Regulator is bringing the first ever prosecution against a bus company, Stotts Tours  and its managing director Alan Stott who it is alleged have deliberately avoided enrolling their 36 members of staff into a qualifying workplace pension scheme.  The hearing will take place on 4 October 2017 at Brighton Magistrates Court.

The bus company and employer in question is Stotts Tours and the managing director are accused of ‘consenting or conniving’ in the offence or allowing the offence to be committed by negligence.

Auto-enrolment pension laws came into effect in 2012 and have been phased in gradually starting with the largest employers who had their staging dates confirmed sooner than smaller employers.   All employers will be covered by the legislation by February 2018.

The Pension Regulator which is the enforcement body can also initiate criminal proceedings against employers and Directors who wilfully fail to comply with pension auto-enrolment requirements.

This is an interesting development and it will be interesting to see what defence if any Stotts Tours will have at the hearing.

For  further information contact Steven Eckett at Meaby&Co LLP

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