Now Pensions · CAS-114334-V7D7

CAS-114334-V7D7

Ombudsman’s Determination Applicant Mrs W

Scheme NOW Pensions (the Scheme)

Respondents Wentworth Rest Home Limited (the Employer)

Outcome

Complaint summary Mrs W has complained that the Employer, despite deducting contributions from her pay, has failed to pay them into the Scheme.

Background information, including submissions from the parties

In September 2017, Mrs W began her employment with the Employer.

Between December 2022 and May 2023, the Employer failed to pay pension contributions into the Scheme.

On 10 May 2023, Mrs W contacted the Employer about the missing pension contributions. She did not receive a response from the Employer.

On 20 September 2023, Mrs W complained to the Employer about the missing pension contributions between December 2022 and March 2023. The Employer did not respond to her complaint. CAS-114334-V7D7 On 11 November 2023, Mrs W brought her complaint to The Pensions Ombudsman (TPO).

Mrs W provided copies of the payslips that she held for the period from December 2022 to May 2023, which detailed the pension contributions deducted from her pay and the corresponding employer contributions. These deductions amounted to £421.03. A breakdown of the deductions has been included in the Appendix.

Adjudicator’s Opinion

2 CAS-114334-V7D7 • The Adjudicator stated that TPO’s normal approach, in cases such as these, was to seek agreement from all parties on the facts of the complaint, including the dates and amounts of contributions involved. She said that, as the Employer did not fully engage with TPO or confirm what steps it was taking to pay the outstanding contributions, she had to base her Opinion solely on the information provided by Mrs W.

• The Adjudicator said that she had no reason to doubt the information provided by Mrs W. So, in the Adjudicator’s Opinion, on the balance of probabilities, contributions had been deducted from Mrs W’s salary, but had not been paid into the Scheme. In addition, the Employer had not paid any of the employer contributions that were due over the same period. As a result of its maladministration, Mrs W was not in the financial position she ought to be in.

• In the Adjudicator’s view, Mrs W had suffered serious distress and inconvenience due to the Employer’s maladministration. The Adjudicator was of the opinion that an award of £1,000 for non-financial injustice was appropriate in the circumstances.

Ombudsman’s decision

Directions

(i) pay Mrs W £1,000 for the serious distress and inconvenience she has experienced;

3 CAS-114334-V7D7 (ii) Mrs W’s Mrs W

;

(iii) establish with the Scheme whether the late payment of contributions has meant that fewer units were purchased in Mrs W’s Scheme account than she would have otherwise secured, had the contributions been paid on time; and

(iv) pay any reasonable administration fee should the Scheme administrator charge a fee for carrying out the above calculation.

Anthony Arter CBE

Deputy Pensions Ombudsman

3 September 2024

4 CAS-114334-V7D7

Appendix Payslip date Employee contributions Employer contributions

10 December 2022 £60.21 £36.13

10 January 2023 £76.38 £45.83

10 February 2023 £69.13 £41.48

10 March 2023 £57.42 £34.45

10 June 2023 £73.59 £44.15

Total amount: £538.77 £336.73 £202.04

5