A nursery and its director have been fined £8,200 for failing to enrol staff in a pension scheme and for misleading The Pensions Regulator (TPR).

Merseyside-based Sulouste Ltd, which trades as Tiny Hearts Day Nursery, was sentenced on 20 November at Brighton Magistrates’ Court for wilfully failing to enrol staff into a pension scheme. The director of the nursery, Christine Moore, was sentenced for providing TPR with false and misleading information.

The defendants pleaded guilty to the two charges at the same court on 13 November 2019.

In a false declaration of compliance, Mrs Moore told TPR that her company had automatically enrolled 13 nursery staff. However, after an alert from a whistleblower and an investigation by TPR, it emerged that while a pension scheme had been set up, no staff had been automatically enrolled.

Judge Szagun fined Mrs Moore £833 and an additional £83 victim’s surcharge was added. Sulouste Ltd was fined £4,915 and was ordered to pay a victim’s surcharge of £170 together with prosecution costs of £2,200.

Darren Ryder, Director of Automatic Enrolment at TPR, said:

“This outcome is another clear warning to employers that they must comply with their automatic enrolment duties and ensure staff receive the pension they are entitled to.”

“While the vast majority of employers do the right thing, we will take action against the small number that flout the law and risk the retirements of savers.”

Full details of employers’ duties on automatic enrolment are available here.

Last reviewed 2 December 2019