Peoples Pension · CAS-81310-H1J3

CAS-81310-H1J3

Ombudsman’s Determination Applicant Mr N

Scheme The People’s Pension (the Scheme)

Respondent Sloan Architectural Limited (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties

Mr N has provided copies of some payslips from February, March and April 2021. These showed that his monthly employee pension contributions amounted to £140.67, and his monthly employer pension contributions were £84.40. Mr N has said that he has been unable to obtain full payslips as the Employer has ignored his requests.

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On 29 April 2022, a Caseworker from TPO (the Caseworker) contacted the Employer and requested that the missing payments be made.

On 13 May 2022, the Employer replied stating that it would pay the missed contributions but wanted the case dealt with formally. The Employer also stated that the payslips had been sent that day.

On 16 May 2022, the Caseworker advised the Employer that, as it had agreed to make payment, there was no need for a formal investigation. However, the Employer should confirm what steps it would be taking to make good the shortfall and any investment loss.

On 31 May 2022, the Employer again stated that it would make payment of the missed contributions but wanted the case dealt with formally.

On 18 June 2022, Mr N confirmed that he had still not received the requested payslips.

Caseworker’s Opinion

• The Caseworker stated that TPO’s normal approach, in cases such as these, was to seek agreement from all parties on the facts regarding the complaint, including the dates and amounts of contributions involved. He said that while the Employer has not disputed that not all contributions had been paid, it had not fully engaged with Mr N or the Caseworker.

• Mr N has provided some payslips and has said that the missing contributions are estimated to be £1,405.79. These payslips that are consistent with this amount as they show monthly employee pensions contributions amounted to £140.67, and his monthly employer pension contributions were £84.40.

2 CAS-81310-H1J3 • The Caseworker said that he had no reason to doubt the information provided by Mr N. In the Caseworker’s Opinion, on the balance of probabilities, contributions had been deducted from Mr N ’s salary, that 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, Mr N was not in the financial position he ought to be in.

• In the Caseworker’s view, Mr N 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.

The Employer did not respond to the Caseworker’s Opinion and the complaint was passed to me to consider. I agree with the Caseworker’s Opinion, except the level of award for maladministration.

Ombudsman’s decision

Directions

(i) pay Mr N £1,000 for the serious distress and inconvenience he has experienced;

(ii) produce a schedule (the Schedule) showing the employee contributions deducted from Mr N’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 N. 3 CAS-81310-H1J3

(i) pay the missing contributions to the Scheme;

(ii) pay an additional £144.20 into the Scheme, provided the Schedule shows that the unpaid contributions amount to £1,405.79. This represents interest at a rate of 8% per annum due on the unpaid contributions. Please note that a court would typically require the calculation and payment of an amount representing the investment return on the outstanding contributions, but, given the amounts involved, we consider the better approach is to use an interest calculation for this purpose. If the Schedule does not equal £1,405.79, the Employer shall calculate and pay interest at a rate of 8% per annum due on the unpaid contributions.

Anthony Arter

Pensions Ombudsman 12 September 2022

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