Has anyone received an Auto Enrolment fixed penalty notice from the Pensions Regulator yet for an insolvent employer?

It was a pleasure to present your latest webinar to you about Auto Enrolment and how it will affect insolvent employers.

You may recall that at the end of December 2014 there had only been 166 Employers that had failed to set up an Auto Enrolment pension scheme all of which were furnished with a fixed penalty notice of £400. This has now increased at the end of March 2015 to 1,529 Employers of which insolvent employers are not immune.

I would be grateful to learn from this community whether anyone has received a fixed penalty notice for one of their corporate insolvency appointments and perhaps you could share with the group how it was dealt with within your appointment.

In my opinion the penalty notice is against the Employer and not the IP. Equally, if there are no employees left at the business to Auto Enrolment then I would be confident that you would have strong grounds for an appeal.

In the meantime, we have asked R3 to lobby the Pensions Regulator to check whether an Employer has gone insolvent or dissolved prior to submitting these notices and I will keep you posted with any developments.

Kind regards

Darren Toms
Clumber Consultancy Limited