{"id":562727,"date":"2026-04-15T00:02:43","date_gmt":"2026-04-14T22:02:43","guid":{"rendered":"https:\/\/kohenavocats.com\/jurisprudences\/nightingale-care-home-ltd-v-the-pensions-regulator\/"},"modified":"2026-04-15T00:02:43","modified_gmt":"2026-04-14T22:02:43","slug":"nightingale-care-home-ltd-v-the-pensions-regulator","status":"publish","type":"kji_decision","link":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/nightingale-care-home-ltd-v-the-pensions-regulator\/","title":{"rendered":"Nightingale Care Home Ltd v The Pensions Regulator"},"content":{"rendered":"
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The decision of the Tribunal is that the reference is dismissed and the matter remitted to the Pensions Regulator. Reasons 1. The Appellant runs a residential care home business at several locations in the UK. Its registered office is in the City of London. By this reference, it challenges: (1) a Fixed Penalty Notice (\u2018FPN\u2019) issued on 22 July 2025 by The Pensions Regulator (\u2018TPR\u2019), requiring it to pay a penalty of \u00a3400 for failing to comply with an Unpaid Contributions Notice (\u2018UCN\u2019) issued on 29 May 2025 by the deadline of 10 July 2025; and (2) an Escalating Penalty Notice (\u2018EPN\u2019) issued on 22 August 2025, accruing at a daily rate of \u00a3500, for failure to comply with the UCN by the (extended) deadline of 19 September 2025. 2. The matter came before me for determination on the papers, both parties having stated that they were content for no hearing to be held. I was satisfied that it was just and in keeping with the overriding objective to adopt that procedure. 3. I was provided with a bundle of some 140 pages. The statutory framework 4. The Pensions Act 2008 (\u2018the Act\u2019) imposes a number of requirements on employers in relation to the automatic enrolment (\u2018AE\u2019) of certain \u2018job holders\u2019 in occupational or workplace personal pension schemes. These include maintaining and paying contributions into relevant schemes and providing evidence of having done so. TPR has statutory responsibility for securing compliance with AE requirements. If it is of the opinion that relevant contributions have not been made by the due date, it may issue a UCN pursuant to sections 37 and 38 of the Act Hereafter, section numbers will be given as, say, s1, s35 etc. , requiring the employer, by a specified date, to calculate and pay the contributions owing and confirm to TPR that it has done so. 5. By s40 of the Act, TPR may issue a FPN in the sum of \u00a3400 The figure is prescribed by the Employers\u2019 Duties (Registration and Compliance) Regulations 2010, reg 12. to a person if it is of the opinion that he or she has failed to comply with (among other things) a UCN. In the event of any further breach TPR may issue an Escalating Penalty Notice (\u2018EPN\u2019) under s41 of the Act, imposing heavier financial sanctions. 6. TPR may review a FPN or EPN on the application of the person affected (s43(1)(a)). The effect is to suspend the relevant Notice pending the outcome of the review (s43(4)). The possible outcomes are confirmation, variation and revocation of the Notice; in the event of revocation, TPR may substitute a different Notice (s 43(6)). 7. By s44 of the Act, provision is made for references to the First-tier Tribunal (\u2018FTT\u2019) or (in circumstances which do not apply here) Upper Tribunal (\u2018UT\u2019) in (so far as material) the following terms: (1) A person to whom a notice is issued under section 40 or 41 may, if one of the conditions in subsection (2) is satisfied, make a reference to the Pensions Regulator Tribunal Now the First-tier Tribunal in respect of\u2014 (a) the issue of the notice; \u2026 (2) The conditions are\u2014 (a) that the Regulator has completed a review of the notice under section 43; (b) that the person to whom the notice was issued has made an application for the review of the notice under section 43(1)(a) and the Regulator has determined not to carry out such a review. (3) On a reference to the Tribunal in respect of a notice, the effect of the notice is suspended for the period beginning when the Tribunal receives notice of the reference and ending\u2014 (a) when the reference is withdrawn or completed, or (b) if the reference is made out of time, on the Tribunal determining not to allow the reference to proceed. (4) For the purposes of subsection (3), a reference is completed when\u2014 (a) the reference has been determined, (b) the Tribunal has remitted the matter to the Regulator, and (c) any directions of the Tribunal for giving effect to its determination have been complied with. 8. In dealing with a reference the powers of the FTT are very wide. The Pensions Act 2004, s103 includes: (3) On a reference, the tribunal concerned must determine what (if any) is the appropriate action for the Regulator to take in relation to the matter referred to it. In In the matter of the Bonas Group Pension Scheme [2011] UKUT B 33 (TCC) Warren J, sitting in the UT, held that there was nothing in s103 or elsewhere to constrain the tribunal\u2019s approach to a reference. Its function is not that of an appellate court considering an appeal. Although the terminology of \u2018appeal\u2019, \u2018appellant\u2019 etc is used It must simply make its own decision on the evidence before it (which may differ from that before the Regulator). One question which it may well be appropriate to take into account is whether the employer has shown a good excuse for its failure to comply with the AE duty which it has infringed: The Pension Regulator v Strathmore Medical Practice [2018] UKUT 104 (AAC). The key facts 9. The material facts are not in dispute. Besides those given in para 1 above, they can be summarised shortly as follows (I borrow largely from TPR\u2019s \u2018Response\u2019 document). 9.1 TPR was advised by the Appellant\u2019s pension provider, NEST, in May 2025 that its contributions were in arrears. 9.2 Accordingly, on 29 May 2025, it issued the UCN already mentioned. 9.3 TPR sent a further reminder to the Appellant on 2 July 2025. 9.4 The Appellant having taken no action, on 22 July 2025, TPR issued the FPN already mentioned in the sum of \u00a3400. That Notice included a warning that an EPN might follow if the Appellant did not comply with the UCN by 19 September 2025. 9.5 On 22 August 2025 the EPN already mentioned followed, which stated that, if the Appellant did not comply with the UCN by 19 September 2025, an escalating penalty at a rate of \u00a3500 per day would be applied from that date. 9.6 On 11 September 2025 TPR sent the Appellant a further reminder of the fact and potential effect of the EPN. 9.7 In the absence of any remedial action from the Appellant, the EPN took effect on 19 September 2025 and the additional penalty accrued over the following 10 days at a daily rate of \u00a3500. 9.8 Accordingly, the combined effect of the FPN and EPN was to face the Appellant with a liability of \u00a35,400. 9.9 On 8 October 2025 TPR sent a final reminder to the Appellant drawing attention to the unpaid penalties and warning of likely enforcement action through the courts. 9.10 The Appellant replied the same day, maintaining that all outstanding pension contributions were believed to have been settled and asking that the penalties be waived on the basis that the delay had been attributable to banking issues and problems with delayed access to the pension account. 9.11 In fact, some contributions were still outstanding, as a NEST report sent to TPR shortly afterwards demonstrated, but it is right to say that they were satisfied in short order. 9.12 On 14 October 2025 TPR sought evidence from the Appellant concerning the contributions payment history and the alleged causes of the delay in making due payments. 9.13 The Appellant responded promptly, referring to some difficulties in accessing information, and stating that some information could not be shared on confidentiality grounds. 9.14 On 17 October 2025 TPR pressed the Appellant for further information. 9.15 TPR set a deadline of 28 October 2025 for the delivery of all material relied on in support of the request for review of the penalties. It appears that no further information was forthcoming. 9.16 On 30 October 2025 TPR issued a decision rejecting the review. 9.17 That outcome was confirmed on 10 November 2025 when TPR advised the Appellant that the investigation was closed and that it was satisfied that all contributions had been cleared. Nonetheless, the penalties remained payable. 9.18 The NEST report in the papers before me, shows that, while contributions for January and February 2025, were paid on 7 February and 12 March 2025 respectively, those for March and April 2025, accounting for approximately 40% of the arrears, were not paid until 15 October 2025. 9.19 Evidence provided by NEST to TPR demonstrates that there was no communication from the Appellant to NEST at any material time concerning difficulties in complying with any AE obligation. The appeal 10. The notice of appeal dated 24 November 2024 raises four grounds as follows: 10.1 The Appellant changed its bank, which led to a temporary disruption of its payment processes. 10.2 The Appellant changed its payroll administrator, which led to further delay in setting up and administering payments. 10.3 The payment portal takes (or perhaps took) two weeks to update payments. 10.4 The penalties would place the Appellant under financial strain. 11. As can be seen, the appeal raises no challenge to the validity of the grounds on which TPR took enforcement action. It is concerned only with matters of mitigation. Discussion and conclusions 12. I start by reminding myself of the terms of the applicable legislation (summarised above) and in particular (a) the salutary purposes which the AE regime is designed to achieve, including ensuring that qualifying workers have the chance through occupational pensions to enjoy dignity and comfort in retirement; (b) the need for the mandatory requirements of the scheme to be backed up by an effective and robust enforcement mechanism; and (c) the need for other employers to understand that those requirements will be enforced. In my view, the correct approach, as suggested by the Strathmore Medical Practice case (already cited), is to look to the Appellant to show a good reason why TPR should not have followed its usual practice of meeting a breach of a UCN with an FPN and, if need be, an EPN. 13. Having considered the matter with care, I am satisfied that the Appellant has failed to make out a reasonable excuse for its non-compliance. The legislation places the burden firmly upon the employer to comply. Of course, any employer is entitled to use professional agents for any lawful purpose, but that does not absolve it of the obligation to fulfil the duties which the law places upon it. On the information available to me, I am not persuaded that the Appellant took reasonable and timely steps to comply with its AE obligations. It failed to do so despite reminders and warnings. It did not alert NEST or TPR to any material difficulty. The fact that it eventually complied does not amount to an arguable ground for quashing the either penalty. 14. As to the specific grounds of appeal, it appears from the exceedingly sparse documentary evidence that the change of bank did not happen until 1 June 2025. I am shown no evidence that the change materially impeded the Appellant from making contributions in accordance with the UCN by the initial deadline of 10 July 2025. 15. A similar difficulty besets the second ground of appeal. It appears that the change in payroll administrator took place in or around May 2025, but I am shown no evidence pointing to a difficulty in making the contributions and otherwise complying with the UCN, much less a difficulty associated with the change of administrator. 16. The same goes for the third ground of appeal. There appears to be nothing to substantiate the alleged problems with the portal. In any event, on the Appellant\u2019s own case, they persisted only for about a fortnight. This does not serve as any mitigation in a case where, in respect of two of the four relevant months, the delay in satisfying the requirements of the UCN lasted for something approaching six months. 17. Finally, I accept that for many small businesses penalties of the order incurred here may be exceedingly painful but, given its published profits of over \u00a3229,000 for the year to December 2023, I struggle to see the Appellant as a \u2018small\u2019 or financially vulnerable employer. In any event, the level of penalties is a matter for Parliament. Outcome 18. For the reasons stated, I am clear that the Appellant has not demonstrated a good excuse for its failure to meet the requirements of the UCN and accordingly I must dismiss the reference and remit the matter to the Regulator. No further direction is required. (Signed)Anthony Snelson Judge of the First-tier Tribunal Date: 13 March 2026<\/p>\n<\/div>\n

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Sources officielles :<\/strong> consulter la page source<\/a><\/p>\n

Open Justice Licence (The National Archives).<\/em><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

The decision of the Tribunal is that the reference is dismissed and the matter remitted to the Pensions Regulator. Reasons 1. The Appellant runs a residential care home business at several locations in the UK. Its registered office is in the City of London. By this reference, it challenges: (1) a Fixed Penalty Notice (\u2018FPN\u2019) issued on 22 July 2025…<\/p>\n","protected":false},"featured_media":0,"template":"","meta":{"_crdt_document":""},"kji_country":[7608],"kji_court":[7880],"kji_chamber":[],"kji_year":[7610],"kji_subject":[7625],"kji_keyword":[7633,9286,7903,7904,7636],"kji_language":[7611],"class_list":["post-562727","kji_decision","type-kji_decision","status-publish","hentry","kji_country-royaume-uni","kji_court-first-tier-tribunal-general-regulatory-chamber-pensions","kji_year-7610","kji_subject-commercial","kji_keyword-appellant","kji_keyword-contributions","kji_keyword-notice","kji_keyword-reference","kji_keyword-tribunal","kji_language-anglais"],"yoast_head":"\nNightingale Care Home Ltd v The Pensions Regulator - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/nightingale-care-home-ltd-v-the-pensions-regulator\/\" \/>\n<meta property=\"og:locale\" content=\"zh_CN\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Nightingale Care Home Ltd v The Pensions Regulator\" \/>\n<meta property=\"og:description\" content=\"The decision of the Tribunal is that the reference is dismissed and the matter remitted to the Pensions Regulator. 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