A nursery and its main director are to be prosecuted by The Pensions Regulator (TPR) for trying to avoid providing their staff with a workplace pension.
Merseyside-based Sulouste Ltd, which trades as Tiny Hearts Day Nursery, and director Christine Moore are accused of wilfully failing to comply with their automatic enrolment responsibilities under section 45 and 46 of the Pensions Act 2008.
Both defendants are also accused of falsely claiming they had enrolled 13 staff into a workplace pensions scheme. Knowingly providing false information to TPR is an offence under section 80 of the Pensions Act 2004.
Sulouste, which is based in Waterloo, Merseyside and Mrs Moore have been summonsed to appear at Brighton Magistrates Court on 13 November.
They will each face one charge of wilfully failing to comply with their automatic enrolment duties and one charge of knowingly or recklessly providing false or misleading information to TPR.
Notes to editors
- Both charges can be tried in a Crown Court or in a magistrates’ court. In a Crown Court the maximum sentence for each is two years’ imprisonment. In a magistrates’ court, the maximum sentence for each is an unlimited fine.
- 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).