The Pensions Regulator is prosecuting a Birmingham-based healthcare business for auto-enrolment failings in its first prosecution for providing false or misleading information.
Crest Healthcare and its managing director Sheila Aluko are accused of wilfully failing to comply with their automatic enrolment duties under section 45 of the Pensions Act 2008.
Both defendants are also accused of falsely claiming that they had enrolled 25 staff into a workplace pension scheme. Knowingly providing false information to TPR is an offence under section 80 of the Pensions Act 2004.
Crest Healthcare and Sheila Aluko have been summonsed to appear at Brighton Magistrates’ Court on 22 December 2017.
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.
In a Crown Court the maximum sentence for each offence is two years’ imprisonment but as TPR has elected to prosecute through the magistrates’ court, the maximum sentence for each is an unlimited fine.
