Nest Pension Scheme · CAS-66705-T3T9

CAS-66705-T3T9

Ombudsman’s Determination Applicant Miss N

Scheme NEST Pension Scheme (the Scheme)

Respondent Chlachain Inn (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties

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Caseworker’s Opinion

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

• In the Caseworker’s view, Miss 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.

Ombudsman’s decision

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Directions

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

(ii) produce a schedule (the Schedule) showing the employee contributions deducted from Miss N’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 N.

(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 N’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.

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

Anthony Arter

Pensions Ombudsman 28 October 2022

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