An accountant is being prosecuted for deliberately providing false information to The Pensions Regulator (TPR) that the employer he was working for had put staff at a London cafe into a workplace pension.
Hashmukh Shah, 63, of Richmond, Surrey, has been charged with knowingly or recklessly providing false or misleading information to TPR.
He is accused of falsely claiming that staff at London-based Gran Caffe Londra, run by Primadell Ltd, had been enrolled into a workplace pension scheme, when he knew this was not the case. TPR allege that he did so to avoid an inspection taking place which would have uncovered the employer’s failure to automatically enrol its staff. Deliberately providing false information to TPR about compliance with automatic enrolment duties is an offence under section 80 of the Pensions Act 2004.
It is the first time that TPR has charged a third party, working on behalf of an employer, for this offence.
Mr Shah is due to appear at Brighton Magistrates Court on 15 August 2018.
- All UK employers are required by law to put eligible staff into a pension scheme and pay minimum employer pension contributions. This is called automatic enrolment because the employer is required to do it without any input from the worker.
- Employers have a legal duty to complete a Declaration of Compliance when they have complied with their duties and automatically enrolled eligible staff into a workplace pension.
- Knowingly or recklessly providing false or misleading information about compliance with automatic enrolment duties to TPR is an offence under section 80 of the Pensions Act 2004.
- TPR is the regulator of work-based pension schemes in the UK. Our statutory objectives are: to protect members’ benefits; to reduce the risk of calls on the Pension Protection Fund (PPF); to promote, and to improve understanding of, the good administration of work-based pension schemes; to maximise employer compliance with automatic enrolment duties; and to minimise any adverse impact on the sustainable growth of an employer (in relation to the exercise of TPR’s functions under Part 3 of the Pensions Act 2004 only).