The Pensions Regulator has revealed it is prosecuting a second company for failing to comply with its auto-enrolment duties.

Birmingham-based Crest Healthcare and managing director Sheila Aluko are accused of wilfully failing to comply with their auto-enrolment duties under section 45 of the Pensions Act 2008. The defendants have been summoned to appear at Brighton Magistrates’ Court on 22 December 2017.

Both 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.

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 magistrates’ court the maximum sentence is an unlimited fine, whereas, if it were held in a Crown Court, the maximum sentence could be two years’ imprisonment.

Last month, the regulator successfully won a case against bus company Stotts Tours and its managing director, Alan Stott, for deliberately avoiding their auto-enrolment duties. Both were found guilty for a total of 16 offences of “wilfully” failing to comply with the law on workplace pensions.

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