Accountant fined for deliberately providing false information to avoid pension duties
Thursday 1 November 2018
The accountant of a London cafe has been ordered to pay £6,857.50 after he admitted falsely claiming to The Pensions Regulator (TPR) that staff had been enrolled into pensions.
It is the first time that TPR has prosecuted a third party, working on behalf of an employer, for this offence.
Gran Caffe Londra in Knightsbridge, run by Primadell Ltd, missed its deadline to automatically enrol staff into a workplace pension in October 2015.
TPR launched an investigation and arranged an inspection, but cancelled it when Hashmukh Shah, 63, declared that the company had met its duties. However TPR later discovered that the declaration was false, no staff had been enrolled into a pension scheme and no contributions had been paid.
When interviewed by TPR, Shah, of Richmond, Surrey, admitted purposely misleading the regulator prevented an inspection of the business which would have uncovered the employer’s failure to automatically enrol its staff.
On 15 August Shah pleaded guilty at Brighton Magistrates’ Court to knowingly or recklessly providing false or misleading information to TPR. Deliberately providing false information to TPR about compliance with automatic enrolment duties is an offence under section 80 of the Pensions Act 2004.
Today, Thursday 1 November, Shah appeared at Brighton Magistrates’ Court where he was fined £3,937.50 and ordered to pay £2,800 in costs and a £120 victim surcharge.
District Judge Teresa Szagun said: “In firefighting the financial crisis of the company, Mr Shah in fact chose to ignore the individuals who actually, as the casual workforce, were probably the least well off.
“The false information he provided was deliberate and with the knowledge of the risks that involved, including the potential harm it could cause.”
She added that Shah was “remorseful and mortified about the error” he had made.
TPR’s Director of Automatic Enrolment, Darren Ryder, said: “This case sends a clear warning to accountants and advisers tasked with completing an employers’ automatic enrolment duties - providing TPR with false or misleading information may land you with a criminal conviction and a fine.
“We take very seriously our role to ensure workers get the pensions they deserve and are entitled to by law. We do not look kindly on people whose deception gets in the way of our work.”
Gran Caffe Londra eventually became compliant in March 2018 and the company has backdated pension contributions for its staff.
- The false Declaration of Compliance was filed to TPR in November 2016.
- 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).
Kimberly Middleton 01273 349554
Matt Adams 01273 662086