Nest · CAS-116729-V8D2

CAS-116729-V8D2

Ombudsman’s Determination Applicant Mr S

Scheme NEST (the Scheme)

Respondent ST Solihull Ltd (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties In March 2023, Mr S began his employment with the Employer.

Between April 2023 and September 2023, the Employer failed to pay pension contributions into the Scheme.

On 22 January 2024, Mr S brought his complaint to The Pensions Ombudsman (TPO).

Mr S provided copies of the payslips that he held for the period from April 2023 to September 2023, which detailed the pension contributions deducted from his pay and the corresponding employer contributions. These deductions amounted to £886.21. A breakdown of the deductions has been included in the Appendix.

1 ST Solihull Ltd CAS-116729-V8D2

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 Mr S.

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

• In the Adjudicator’s view, Mr S 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-116729-V8D2 Directions

(i) pay Mr S £1,000 for the serious distress and inconvenience he has experienced;

(ii) Mr S’ Mr S

;

(iii) establish with the Scheme administrator whether the late payment of contributions has meant that fewer units were purchased in Mr S’ Scheme account than he 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.

Within 14 days of receiving confirmation from the Scheme administrator of any shortfall in Mr S’ units, pay the cost of purchasing any additional units required to make up the shortfall.

Anthony Arter CBE

Deputy Pensions Ombudsman

9 September 2024

3 CAS-116729-V8D2 Appendix Date Employer contributions Employee contributions

April 2023 62.50 83.33

May 2023 67.31 89.75

June 2023 62.50 83.33

July 2023 62.50 83.33

August 2023 62.50 83.33

September 2023 62.50 83.33

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