Nest Pension Scheme · CAS-78540-X8F3

CAS-78540-X8F3

Ombudsman’s Determination Applicant Mr T

Scheme NEST Pension Scheme (the Scheme)

Respondent Complete Demolition trading as Grabserve Ltd (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties In March 2021, Mr T began his employment with the Employer.

Between April and June 2021, the Employer failed to pay pension contributions into the Scheme.

On 28 September 2021, Mr T brought his complaint to The Pensions Ombudsman (TPO).

Mr T provided copies of the payslips that he held for the period from April 2021 to June 2021 which detailed the pension contributions deducted from his pay and the corresponding employer contributions. These deductions amounted to £415.82. A breakdown of the deductions has been included in the Appendix.

1 CAS-78540-X8F3 Caseworker’s Opinion

• The Caseworker 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 had not responded to any of TPO’s communications, she had to base her Opinion solely on the information provided by Mr T .

• The Caseworker said that she had no reason to doubt the information provided by Mr T. So, in the Caseworker’s Opinion, on the balance of probabilities, contributions had been deducted from Mr T’s salary, that 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, Mr T was not in the financial position he ought to be in.

• In the Caseworker’s view, Mr T had suffered significant distress and inconvenience due to the Employer’s maladministration. The Caseworker was of the view that an award of £500 for non-financial injustice was appropriate in the circumstances.

Ombudsman’s decision

2 CAS-78540-X8F3 Directions

(i) pay Mr T £1,000 for the serious distress and inconvenience he has experienced;

(ii) produce a schedule (the Schedule) showing the employee contributions deducted from Mr T’s pay in respect of the period of his employment. The Schedule shall also include the corresponding employer contributions that were due to the Scheme; and

(iii) forward the Schedule to Mr T .

Within 14 days of receiving confirmation from NEST of any shortfall in Mr T’s units, pay the cost of purchasing any additional units required to make up the shortfall.

Anthony Arter

Pensions Ombudsman 20 October 2022

3 CAS-78540-X8F3 Appendix Date Employee contributions Employer contributions

30/04/2021 £79.21 £59.41

31/05/2021 £79.20 £59.40

30/06/2021 £79.20 £59.40

Total £237.61 £178.21

TOTAL £415.82

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