Pensions - Articles - TPR prosecute firm who illegally opted staff out of pension


The Pensions Regulator (TPR) is to prosecute a national recruitment firm, its directors and some of its senior staff on the suspicion that they illegally opted employees out of their pension scheme.

 Workchain Ltd (formerly known as Smart Recruitment UK Ltd) is accused of logging into its workplace pension scheme’s online system using employees’ personal details, to terminate their membership of the scheme. This is contrary to the terms of use of the system, which requires employees to opt out themselves.

 Those charged with unauthorised access to a computer programme, contrary to section 1(1) of the Computer Misuse Act 1990 are:

 Workchain Ltd, which has its head office in Stephensons Way, Derby, Derbyshire
 Director Phil Tong, 40, of Spend Lane, Ashbourne, Derbyshire
 Director Adam Hinkley, 39, of Shardlow Road, Alvaston, Derbyshire
 Hannah Armson, 34, of Heath Lane, Findern, Derbyshire
 Lisa Coy, 33, of Marylebone Crescent, Mackworth, Derbyshire
 Martin West, 31, of Jackson Road, Hucknall, Nottinghamshire
 Robert Tomlinson, 38, of Crosby Close, Forest Town, Nottinghamshire
 Andrew Thorpe, 33, of Thorpe Street, Burntwood, Staffordshire
 This is the first time that TPR has launched prosecutions for this offence.

 The defendants have been summonsed to appear at Derby Magistrates’ Court on 7 June 2018.

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