A recruitment agency and its managing director are to be prosecuted by The Pensions Regulator (TPR) on suspicion of trying to avoid providing their staff with a workplace pension.

Both are accused of wilfully failing to comply with their automatic enrolment duties under section 45 and 46 of the Pensions Act 2008.

Hertfordshire-based SKL Professional Recruitment Agency and its managing director Linus (Lee) Kadzere Both are also accused of falsely claiming they had enrolled 22 staff into a workplace pension scheme. Knowingly providing false information to TPR is an offence under section 80 of the Pensions Act 2004.

SKL, which is a specialist agency providing workers in the care sector, based in Bushy, Hertfordshire, and Mr Kadzere, 54, have been sent summons to appear at Brighton Magistrates’ Court on 4 September 2019.

They will each face three charges of wilfully failing to comply with their automatic enrolment duties and one charge of knowingly or recklessly providing false and misleading information to TPR.

Both charges can be tried in a Crown Court or in a magistrates’ court. In a magistrates’ court, the maximum sentence for each is an unlimited fine.

In a Crown Court the maximum sentence for each is two years’ imprisonment.

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