National Employment Savings Trust Nest · CAS-104561-V6X5

CAS-104561-V6X5

Ombudsman’s Determination Applicant Miss N

Scheme National Employment Savings Trust – NEST (the Trust)

Respondents Vermuyden Care Limited (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties

1 Vermuyden Care Limited CAS-104561-V6X5

Adjudicator’s Opinion

The Employer did not accept the Adjudicator’s Opinion and the complaint was passed to me to consider. I agree with the Adjudicator’s Opinion and note the additional points raised by the Employer. In summary the Employer has said that:

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Ombudsman’s decision

The Adjudicator contacted the Employer a number of times to resolve this complaint prior to the issuing of the Opinion. It is only after the Opinion had been issued and after the deadline for comment had passed that the Employer has offered to contribute to a payment plan.

The Employer previously said that it was unsure of how to make contributions to the Trust. In response the Adjudicator provided clear directions of how to contact the Trust and pay the outstanding contributions plus any investment loss. The Employer has not acknowledged this information and as a result the case has been passed to me to determine.

I uphold Miss N’s complaint.

3 CAS-104561-V6X5 Directions To put matters right, the Employer shall, within 28 days of the date of this Determination:

(i) Pay Miss N £1,000 for the serious distress and inconvenience she has experienced;

(ii) Pay £1,018.48 into Miss N’s Trust account. This figure represents the amount that, according to the figures provided by Miss N, have been deducted from her pay, but not paid into the Trust account. It also includes the employer contributions for the relevant period which should also have been paid but have not been to date;

(iii) Establish with the Trust administrator whether the late payment of contributions has meant that fewer units were purchased in Miss N’s Trust account that she would have otherwise secured had the contributions been paid on time; and

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

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

Anthony Arter CBE

Deputy Pensions Ombudsman

22 October 2024

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Appendix Date Employee contributions Employer contributions

December 2021 £80.93 £60.70

January 2022 £77.44 £58.08

February 2022 £45.81 £34.36

March 2022 £9.09 £6.82

April 2022 £45.36 £34.02

May 2022 £50.07 £37.56

June 2022 £49.29 £36.97

July 2022 £59.02 £44.27

August 2022 £58.56 £43.92

September 2022 £58.14 £43.60

October 2022 £48.27 £36.20

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