Nest · CAS-119869-D3T3

CAS-119869-D3T3

Ombudsman’s Determination Applicant Miss H

Scheme NEST (the Scheme)

Respondent Sonus Public Relations Limited (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties

In September 2022, Miss H began her employment with the Employer.

Between October 2023 and May 2024, the Employer failed to pay pension contributions into the Scheme.

On 20 March 2024, Miss H brought her complaint to The Pensions Ombudsman (TPO).

Miss H provided copies of the payslips that she held for the period from October 2023 to May 2024, which detailed the pension contributions deducted from her pay and the corresponding employer contributions. These deductions amounted to £3,725.82. A breakdown of the deductions has been included in the Appendix. CAS-119869-D3T3

Adjudicator’s Opinion

• The Adjudicator stated 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 to any of TPO’s communications, she had to base her Opinion solely on the information provided by Miss H.

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

• In the Adjudicator’s view, Miss H had suffered serious distress and inconvenience due to the Employer’s maladministration. The Adjudicator was of the opinion that an award of £1,000 for non-financial injustice was appropriate in the circumstances.

Ombudsman’s decision

2 CAS-119869-D3T3 Directions

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

(ii) Miss H’s Miss H

;

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

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

Anthony Arter CBE

Deputy Pensions Ombudsman 7 August 2024

3 CAS-119869-D3T3 Appendix Date Employee contributions Employer contributions

October 2023 278.25 208.69

November 2023 309.15 231.86

December 2023 309.17 231.88

January 2024 309.46 232.10

February 2024 246.87 185.15

March 2024 309.46 232.10

April 2024 183.34 137.50

May 2024 183.34 137.50

4