Hashmukh Shah, 63, of Richmond, Surrey, has been charged with knowingly or recklessly providing false or misleading information to TPR.
He is accused of falsely claiming that staff at London-based Gran Caffe Londra, run by Primadell Ltd, had been enrolled into a workplace pension scheme, when he knew this was not the case.
TPR alleged Mr Shah did so to avoid an inspection taking place which would have uncovered the employer’s failure to automatically enrol its staff.
Deliberately providing false information to TPR about compliance with automatic enrolment duties is criminal offence under section 80 of the Pensions Act 2004.
It is the first time that TPR has charged a third party, working on behalf of an employer, for this offence.
The offence of “knowingly or recklessly providing false or misleading information to TPR” can elicit an unlimited fine if it is dealt with in the magistrates’ court, if sent to a crown court punishment could be an unlimited fine or up to two years imprisonment.
Mr Shah is due to appear at Brighton Magistrates Court on 15 August.