Nest Pension Scheme · CAS-64860-Y5V3

CAS-64860-Y5V3

Ombudsman’s Determination Applicant Miss T

Scheme NEST Pension Scheme (the Scheme)

Respondent John Abbott Flooring (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties

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Caseworker’s Opinion

• The Employer had accepted that contributions had been deducted from Miss T’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. So, it was clear that there had been maladministration and Miss T was not in the financial position she ought to be in.

• In the Caseworker’s view, Miss 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.

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Ombudsman’s decision

Directions

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

(ii) produce a schedule (the Schedule) showing the employee contributions deducted from Miss T’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 Miss T.

(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 Miss T’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.

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

Anthony Arter

Pensions Ombudsman 31 October 2022

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Appendix

Employer Employee Date Payment Received Pay Period Contributions Contributions (Amount) Oct-17 14.27 11.41 15/09/2020 (£25.68) Nov 17 14.27 11.41 15/09/2020 (£25.68) Dec 17 14.27 11.41 15/09/2020 (£25.68) Jan 18 14.27 11.41 23/09/2020 (£25.68) Feb 18 14.27 11.41 05/02/2021 (£25.68) Mar 18 14.27 11.41 05/02/2021 (£25.68) Apr 18 14.27 33.93 05/02/2021 (£48.20) May 18 28.27 33.93 21/09/2021 (£62.20) Jun 18 28.27 33.93 21/09/2021 (£62.20) Jul 18 28.27 33.93 Aug 18 28.27 33.93 Sep-18 28.27 33.93 Oct-18 28.27 33.93 Nov-18 28.27 33.93 Dec-18 28.27 33.93 Jan-19 14.71 17.65

Total £417.08 £391.48 £326.68

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