Robbins Electrical Limited v The Pensions Regulator

1. This is an appeal against a penalty notice issued by the Respondent. The penalty accruing with the penalty notice was £400. The appeal was lodged with the Tribunal on 30 June 2025.

2. The Appellant states in its GRC01 form that the date of the penalty which is being appealed is 26 June 2025. However, within the documentation filed by the Appellant is a letter from the Respondent dated 24 June 2025. This letter states that the penalty notice was issued on 8 May 2025.

3. The stated basis of the appeal was that the Appellant knew nothing about the underlying compliance issue for which it received the penalty until it received the penalty notice. The Appellant says it did not receive any reminders about this issue.

4. With its appeal GRC01 form, the Appellant provided a “final letter before legal action” dated 24 June 2025. As set out above, this letter indicates that the penalty notice was issued on 8 May 2025.

5. A further communication from the Respondent dated 26 June 2025 was also provided by the Appellant. This is a letter in which the Respondent explains that it has declined to review the issuance of the penalty notice because this was made outside the statutory 28 day time period for making such a request and the Respondent declined to conduct a review of its own initiative. The letter stated that the GRC has previously made clear that it does not have the power to determine appeals in such circumstances.

6. Following receipt of the Appeal, the Tribunal issued directions requiring the Appellant to complete the “Pensions Right to Appeal” Form. These were issued by the Tribunal on 1 July 2025.

7. On 2 July 2025, an email was sent which indicated that the Appellant had “decided to pay the fine as you make the whole situation much to complicated.”

8. On 3 September 2025, the Tribunal asked the Appellant to confirm that it was content for the appeal to be withdrawn without a hearing. On 4 September 2025, the Appellant indicated by email that it wished to pursue the appeal. This was confirmed again also on 5 September 2025.

9. On 8 September 2025, the Tribunal informed the Appellant that to proceed with an appeal, the Tribunal required a valid decision notice and indicated the wording which such a decision notice would contain. The Tribunal’s records do not show any response to this.

10. Accordingly, on 10 October 2025, the Tribunal’s Legal Office issued directions requiring the Appellant to complete the “Pensions – Right to appeal” form by 24 October 2025. This was the same document which the Appellant had been directed to provide on 1 July 2025.

11. On 15 October 2025, the Appellant responded providing what it described as “ the original response from Pensions Regulator appeal decision ”. The document attached however, was the email from the Respondent dated 26 June 2025 referred to in paragraph 5 above.

12. The Appellant has not complied with two directions from the Tribunal requiring it to complete the “Pensions-Right to Appeal Form”. This document is fundamental to the Tribunal’s ability to consider whether it has jurisdiction to consider the appeal.

13. While the Tribunal appreciates that matters of process and procedure may not be straightforward for parties without legal training or access to legal advice, and that includes the basis on which appeals can be brought against penalty notice issued by the Respondent, the factual position is that the Tribunal has twice provided clear directions for the Appellant to complete the necessary form. The completion of this form is not optional. The Appellant has twice failed to comply. On the latter occasion, the Tribunal warned that a failure to comply might lead to striking out of the appeal.

14. I have carefully considered whether to provide a further opportunity for the Appellant to provide this important document. However, having regard to the overriding objective (which requires the fair and proportionate determination of cases) and in the absence of any reason why the Appellant cannot complete the relevant form, I have determined that the appropriate order in these circumstances is to strike out the case for non-compliance with the Tribunal’s direction of 10 October 2025. Signed : Judge Scherbel-Ball Dated : 19 November 2025