Nest · CAS-79518-N7R7

CAS-79518-N7R7

Ombudsman’s Determination Applicant Mr N

Scheme NEST (the Scheme)

Respondent L&M Survey Services Limited (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties

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Mr N provided copies of the payslips the period that referenced the outstanding contributions deducted from his pay and the corresponding employer contributions.

On 21 June 2022, TPO asked the Employer for its response to Mr N’s complaint. This request was repeated on 5 July 2022. But the Employer failed to respond.

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 Mr N.

• The Caseworker said that she had no reason to doubt the information provided by Mr N. So, 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.

Ombudsman’s decision

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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.

(i) pay the missing contributions into the Scheme;

(ii) establish with the Scheme administrator, NEST, whether the late payment of contributions has meant that fewer units were purchased in Mr N‘s Scheme account than he would have otherwise secured, had the contributions been paid on time; and

(iii) pay any reasonable administration fee should NEST charge a fee for carrying out the above calculation.

Anthony Arter

3 CAS-79518-N7R7 Pensions Ombudsman 30 September 2022

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Payslip for Employee Employer contributions contributions Pay for Payment due date Paid to the Scheme

1 April 2020 to 30 April 2020 £91.32 £68.49 14 May 2020 Not paid

1 May 2020 to 31 May 2020 £91.32 £68.49 14 June 2020 24 November 2020

1 June 2020 to 30 June 2020 £105.62 £79.22 14 July 2020 11 November 2021

1 July 2020 to 31 July 2020 £124.37 £93.28 14 August 2020 Not paid

1 August 2020 to 31 August 2020 £107.87 £80.90 14 September 2020 11 November 2021

1 September 2020 to 31 September 2020 £118.42 £88.82 14 October 2020 Not paid

1 October 2020 to 31 October 2020 £121.17 £90.88 14 November 2020 11 November 2021

1 November 2020 to 30 November 2020 £127.17 £95.38 14 December 2020 11 November 2021

1 December 2020 to 31 December 2020 £106.37 £79.78 14 January 2021 Not paid

1 January 2021 to 31 January 2021 £102.37 £76.78 14 February 2021 11 November 2021

1 February 2021 to 28 February 2021 £123.72 £92.79 14 March 2021 11 November 2021

1 March 2021 to 31 March 2021 £142.67 £107.00 14 April 2021 11 November 2021

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1 April 2021 to 30 April 2021 £146.76 £110.07 14 May 2021 11 November 2021

1 May 2021 to 31 May 2021 £126.45 £94.84 14 June 2021 11 November 2021

1 June 2021 to 30 June 2021 £123.70 £92.78 14 July 2021 11 November 2021

1 July 2021 to 31 July 2021 £115.20 £86.40 14 August 2021 11 November 2021

1 August 2021 to 31 August 2021 £105.20 £78.90 14 September 2021 11 November 2021

1 September 2021 to 31 September 2021 £117.50 £88.13 14 October 2021 11 November 2021

1 October 2021 to 31 October 2021 £146.76 £110.07 14 November 2021 Not paid

£2,243.96 £1,683.00 Total payable

£1,656.72 £1,242.56 Less amount paid

£587.24 £440.44 Total

£232.79 £174.60 Less amounts not matching payslips

£354.45 Total employee contributions due

£265.84 Total employer contributions due

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