In the last edition of Pensions Priorities we reported on the Pensions Regulator issuing a consultation on its draft policy on prosecutions for criminal offences in relation to workplace pensions. This policy has now been finalised with very little significant change since the draft.
The Regulator confirms that it will take a risk based approach to prosecution decisions and will consider each case on its particular facts. It also says that fair and effective prosecution is essential to maintain law and good practice but that, where appropriate, it can consider administering a caution or a warning as alternatives to prosecution.
We would re-iterate the importance for employers of understanding their workplace pension obligations and to deal with any non compliance in a prompt and open manner. We would be happy to help in any aspects of automatic enrolment or indeed more general workplace pension issues should you require. We have significant experience of dealing with regulatory issues for business where there has been non compliance with auto enrolment and other requirements.