Healthcare company prosecuted for trying to avoid giving its staff workplace pensions

13 December 2017

The Pensions Regulator (TPR) is to prosecute a healthcare company and its managing director for trying to avoid providing their staff with a workplace pension.

Birmingham-based Crest Healthcare and managing director Sheila Aluko are accused of wilfully failing to comply with their automatic enrolment duties under section 45 of the Pensions Act 2008. This is the second time that TPR has prosecuted for wilful non-compliance.

Both defendants are also accused of falsely claiming that they had enrolled 25 staff into a workplace pension scheme. This is the first time TPR has prosecuted for this. Knowingly providing false information to TPR is an offence under section 80 of the Pensions Act 2004.

Both defendants have been summonsed to appear at Brighton Magistrates’ Court on 22 December 2017.

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.

They will each face two charges of wilfully failing to comply with their automatic enrolment duties and one charge of knowingly or recklessly providing false or misleading information to TPR.