Smart Pensions · CAS-89578-K2W7

CAS-89578-K2W7

Ombudsman’s Determination Applicant Ms L

Scheme Smart Pensions (the Scheme)

Respondent Lakeside Events Nottingham Limited (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties

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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 adequately to any of TPO’s communications, she had to base her Opinion solely on the information provided by Ms L.

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

• The Caseworker noted that the Employer argued that it was no longer trading and was unable to pay the contributions. However, the Employer failed to provide evidence that it was no longer trading, so TPO continued the investigation.

• In the Caseworker’s view, Ms L had suffered significant distress and inconvenience due to the Employer’s maladministration. The Caseworker was of the opinion that an award of £500 for non-financial injustice was appropriate in the circumstances.

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Ombudsman’s decision

Directions

(i) pay Ms L £500 for the significant distress and inconvenience she has experienced;

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

(iii) forward the Schedule to Ms L.

(i) pay the missing contributions to the Scheme;

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

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

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

Anthony Arter CBE

Deputy Pensions Ombudsman 22 March 2023

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Appendix

Date Employee contributions Employer contributions

November 2021 £108.34 Employer amount unknown

December 2021 £108.34 Employer amount unknown

January 2022 £108.34 Employer amount unknown

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