Riviera Multimedia Ltd Pension Plan · CAS-88864-K4M6

CAS-88864-K4M6

Ombudsman’s Determination Applicant Miss U

Scheme Riviera Multimedia Ltd Pension Plan (the Plan)

Respondent Riviera Multimedia Ltd (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties Miss U began her employment, with the employer, in May 2019.

In September 2021, Miss U discovered that her pension contributions from February 2020 to November 2021 had not been paid into the Plan.

In November 2021, Miss U resigned from her job with the Employer.

Miss U has provided copies of the payslips that she held for the period from July 2019 to November 2021. These payslips detailed the pension contributions deducted from her pay and the corresponding employer contributions. Miss U did not have copies of all of her payslips, but she was able to provide the majority of them. A breakdown of the deductions has been included in the Appendix.

1 CAS-88864-K4M6 Caseworker’s Opinion

• The Caseworker said 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 Miss U.

• The Caseworker said that she had no reason to doubt the information provided by Miss U, so, in the Caseworker’s Opinion, on the balance of probabilities, contributions had been deducted from Miss U’s salary but had not been paid into the Plan. 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, Miss U was not in the financial position she ought to be in.

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

Ombudsman’s decision

Directions

2 CAS-88864-K4M6 (i) pay Miss U £1,000 for the serious distress and inconvenience she has experienced;

(ii) produce a schedule (the Schedule) showing the employee contributions deducted from Miss U’s pay in respect of the period of her employment. The Schedule shall also include the corresponding employer contributions that were due to the Plan; and

(iii) forward the Schedule to Miss U.

(i) pay the missing contributions to the Plan;

(ii) establish with the Plan administrator whether the late payment of contributions has meant that fewer units were purchased in Miss U’s Plan account than she would have otherwise secured, had the contributions been paid on time; and

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

Within 14 days of receiving confirmation from the Plan administrator of any shortfall in Miss U’s units, pay the cost of purchasing any additional units required to make up the shortfall.

Anthony Arter CBE

Deputy Pensions Ombudsman 30 January 2023

3 CAS-88864-K4M6 Appendix Date Employee contributions Employer contributions

24/07/2019 £54.52 £40.89

24/08/2019 NOT BEEN PROVIDED NOT BEEN PROVIDED

24/09/2019 £54.52 £40.89

24/10/2019 £54.52 £40.89

24/11/2019 £51.06 £38.30

24/12/2019 £74.52 £55.89

24/01/2020 £54.52 £40.89

24/02/2020 NOT BEEN PROVIDED NOT BEEN PROVIDED

24/03/2020 £54.52 £40.89

24/04/2020 £54.20 £40.65

24/05/2020 £54.20 £40.65

24/06/2020 £54.20 £40.65

24/07/2020 NOT BEEN PROVIDED NOT BEEN PROVIDED

24/08/2020 £54.20 £40.65

24/09/2020 £54.20 £40.65

23/10/2020 £54.20 £40.65

24/11/2020 NOT BEEN PROVIDED NOT BEEN PROVIDED

24/12/2020 £60.20 £45.15

24/01/2021 NOT BEEN PROVIDED NOT BEEN PROVIDED

24/02/2021 NOT BEEN PROVIDED NOT BEEN PROVIDED

24/03/2021 NOT BEEN PROVIDED NOT BEEN PROVIDED

24/04/2021 £54.20 £40.65

24/05/2021 £54.20 £40.65

24/06/2021 NOT BEEN PROVIDED NOT BEEN PROVIDED

24/07/2021 £54.20 £40.65

4 CAS-88864-K4M6 24/08/2021 £54.20 £40.65

24/09/2021 £54.20 £40.65

24/10/2021 £54.20 £40.65

24/11/2021 £40.36 £30.27

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