Nest · CAS-114863-C3K7

CAS-114863-C3K7

Ombudsman’s Determination Applicant Miss H

Scheme NEST (the Scheme)

Respondent ShowX Limited (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties The sequence of events is not in dispute, so I have only set out the salient points.

In March 2020, Miss H began her employment with the Employer.

Between August 2020 and July 2023, the Employer failed to pay pension contributions into the Scheme.

On 22 December 2023, Miss H raised her concerns with the Employer.

On 9 August 2023, Miss H brought her complaint to The Pensions Ombudsman (TPO).

Miss H provided copies of the payslips that she held for the period from August 2020 to July 2023, which detailed the pension contributions deducted from her pay and the CAS-114863-C3K7 corresponding employer contributions. These deductions amounted to £9,055.99. A breakdown of the deductions has been included in the Appendix.

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 Adjudicators 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

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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

23 July 2024

3 CAS-114863-C3K7 Appendix Date Employee contributions Employer contributions

August 2020 112.53 84.40

September 2020 112.53 84.40

October 2020 145.88 109.41

November 2020 145.88 109.41

December 2020 145.88 109.41

January 2021 112.53 84.40

February 2021 145.88 109.41

March 2021 145.87 109.40

April 2021 145.87 109.40

May 2021 146.76 110.07

June 2021 146.76 110.07

July 2021 146.76 110.07

August 2021 146.76 110.07

September 2021 146.76 110.07

October 2021 146.76 110.07

November 2021 146.76 110.07

December 2021 146.76 110.07

January 2022 146.76 110.07

February 2022 146.76 110.07

March 2022 146.76 110.07

April 2022 146.76 110.07

May 2022 146.76 110.07

June 2022 146.76 110.07

July 2022 146.76 110.07

August 2022 146.76 110.07

4 CAS-114863-C3K7 September 2022 146.76 110.07

October 2022 146.76 110.07

November 2022 146.76 110.07

December 2022 146.76 110.07

January 2023 146.76 110.07

February 2023 146.76 110.07

March 2023 146.24 109.68

April 2023 146.76 110.07

May 2023 146.76 110.07

June 2023 146.76 110.07

July 2023 146.76 110.07

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