Guidance

Appeal against a Pensions Regulator fine

How to appeal against a fine issued by the Pensions Regulator under automatic pension enrolment rules.

What you can appeal against

You can normally appeal if you’re an employer and have been issued with a fine for breaking the rules on providing your staff with a workplace pension, for example, if you don’t enrol your employees into a pension scheme or pay contributions.

You must first ask the Pensions Regulator to review the decision.

If you disagree with the outcome of the review, you can appeal to the tribunal as long as:

  • You applied to the Pensions Regulator for a review of the notice within 28 days of the date the notice was issued and the regulator reviewed the notice or decided not to review the notice.
    or
  • You did not apply to the Pensions Regulator for a review of the notice within 28 days but the Pensions Regulator decided to review the notice anyway.

The fine will be put on hold while you appeal.

The tribunal

Your case will be dealt with by a tribunal in the General Regulatory Chamber.

The tribunal is independent of the government, and will listen to both sides of the argument before it reaches its decision.

Time limits for appealing

You have 28 days to appeal after the regulator sends you its review decision.

If you miss the time limit, you can ask for more time to appeal. Explain why you’re late, and the tribunal will decide if it can still take your case.

How to appeal

Use the notice of appeal form and guidance leaflet.

Clearly say why you want to appeal against the decision.

Include any supporting documents, like the penalty notice and the review decision letter.

Send the form to grc@hmcts.gsi.gov.uk or:

General Regulatory Chamber
HM Courts & Tribunals Service
PO Box 9300
Leicester
LE1 8DJ

Telephone: 0300 123 4504

Tribunal staff can explain how the process works, but they can’t give you legal advice.

What happens next

The tribunal will write to you about the next steps.

Find out more about General Regulatory Chamber hearings and decisions.

Legislation and rules

You can find the right to appeal to the tribunal in section 44 of the Pensions Act 2008.

Read more detailed rules on how your case will be handled in the General Regulatory Chamber procedure rules.

Published 19 December 2014
Last updated 3 November 2017 + show all updates
  1. Change of wording
  2. First published.