Nest · CAS-91165-X1T9

CAS-91165-X1T9

Ombudsman’s Determination Applicant Mr L

Scheme NEST (the Scheme)

Respondent Allwood Buildings Limited (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties In December 2019, Mr L began his employment with the Employer.

Between November 2021 and December 2022, the Employer failed to pay pension contributions into the Scheme.

On 19 July 2022, Mr L brought his complaint to TPO.

Mr L provided copies of the payslips that he held for the period from February 2022 to May 2022, which detailed the pension contributions deducted from his pay and the corresponding employer contributions during that period.

On 5 December 2022, Mr L left his employment with the Employer. 1 CAS-91165-X1T9

Caseworker’s Opinion

• The Caseworker said that he had no reason to doubt the information provided by Mr L. So, in the Caseworker’s Opinion, on the balance of probabilities, contributions had been deducted from Mr L’s salary but had not been paid into the Scheme. In addition, the Employer had not paid all of the employer contributions that were due over the same period. As a result of its maladministration, Mr L was not in the financial position he ought to be in. 2 CAS-91165-X1T9 • In the Caseworker’s view, Mr 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.

Ombudsman’s decision

Directions

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

(ii) produce a schedule (the Schedule) showing the employee contributions deducted from Mr L’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 L.

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(i) pay the missing contributions to the Scheme;

(ii) establish with the Scheme whether the late payment of contributions has meant that fewer units were purchased in Mr L’s Scheme account than he 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 NEST of any shortfall in Mr L’s units, pay the cost of purchasing any additional units required to make up the shortfall.

Anthony Arter CBE

Deputy Pensions Ombudsman 2nd May 2023

4 CAS-91165-X1T9 Appendix Date Employee contributions Employer contributions

24 February 2022 £126.67 £221.67

1 April 2022 £126.67 £221.67

29 April 2022 £126.67 £221.67

31 May 2022 £126.67 £221.67

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