Aviva · CAS-49641-D3V7

CAS-49641-D3V7

Ombudsman’s Determination Applicant Miss T

Scheme Aviva (the Scheme)

Respondent Versant Developments & Homes Ltd (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties

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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 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 T.

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

• In the Caseworker’s view, Miss T had suffered serious distress and inconvenience due to the Employer’s maladministration. The Caseworker was of the view 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 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.

Within 14 days of receiving confirmation from the Scheme administrator 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 18 October 2022

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Appendix Date Employee contributions Employer contributions

31/03/2019 £145.84 £87.51

30/4/2019 £143.26 £87.51

31/05/2019 £182.85 £87.51

30/06/2019 £145.84 £87.51

31/7/2019 £145.84 £87.51

31/08/2019 £145.84 £87.51

Total £909.47 £525.06

Total Employee and Employer Contributions: £1,434.53

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