We last reported on this developing story on the 10th May 2018. Senior Staff at Workchain Ltd a recruitment firm operating across the Midlands, had logged into the NEST pension scheme and posed as their staff to opt temporary workers out of the auto enrolment scheme.
If the offence had not been detected by NEST the Derby based company, formerly known as Smart Recruitment UK Ltd, would have been able to avoid paying pensions contributions. There was a joint investigation involving The Employment Agency Standards Inspectorate, Derbyshire Constabulary and Nottinghamshire Constabulary and the Pensions Regulator.
It was alleged that the Directors of Workchain had encouraged five senior staff to take their temporary workers out of the pension scheme. The defendants, two directors and five senior staff pleaded guilty at Derby Magistrates Court on 7th June. The District Judge Jonathan Taaffee committed the case to Derby Crown Court for a sentencing hearing which will take place on 28th June 2018.
The Pensions Regulator brought the prosecution for the offence of unauthorised access to computer data, contrary to section 1(1) of the Computer Misuse Act 1990. A conviction for computer misuse carries a maximum sentence of six months’ imprisonment and/or and unlimited fine in a magistrates court. Or Two years imprisonment and/or an unlimited fine if the case is committed to the Crown Court.
We process the payrolls of thousands of people, which includes Auto Enrolment payments, so if you have any questions regarding payroll linked to auto enrolment give one of our Birmingham based payroll gurus a call.