Nest Pension Scheme · CAS-110440-G7Q3

CAS-110440-G7Q3

Ombudsman’s Determination Applicant Ms T

Scheme NEST Pension Scheme (the Scheme)

Respondent The Power50 Limited (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties

In January 2022, Ms T began her employment with the Employer.

Between January 2022 and April 2023, the Employer failed to pay pension contributions into the Scheme.

On 24 August 2023, Ms T brought her complaint to The Pensions Ombudsman (TPO).

Ms T provided copies of the payslips that she held for the period from January 2022 to April 2023, which detailed the pension contributions deducted from her pay and the corresponding employer contributions. These deductions amounted to £3,555.63. A breakdown of the deductions has been included in the Appendix.

1 CAS-110440-G7Q3

Adjudicator’s Opinion Ms T’s complaint was considered by one of our Adjudicators who concluded that further action was required by the Employer as it had failed to remit the contributions that were due to the Scheme. The Adjudicator’s findings are summarised below:-

• 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. He said that the Employer had told TPO that it had not traded for two years, had no liquid assets and was in the process of voluntary liquidation. However, the Employer was unable to provide evidence to support this and was showing as “active” on Companies House. The Adjudicator decided to proceed with his investigation and had to base his Opinion solely on the information provided by Ms T.

• The Adjudicator said that he had no reason to doubt the information provided by Ms T. So, in the Adjudicator’s Opinion, on the balance of probabilities, contributions had been deducted from Ms T’s salary, but had not been paid into 2 CAS-110440-G7Q3 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, Ms T was not in the financial position she ought to be in.

• In the Adjudicator’s view, Ms T had suffered significant distress and inconvenience due to the Employer’s maladministration. The Adjudicator was of the opinion that an award of £500 for non-financial injustice was appropriate in the circumstances.

Ombudsman’s decision

Directions

(i) pay Ms T £500 for the significant distress and inconvenience she has experienced;

(ii) ’s

;

(iii) establish with the Scheme administrator whether the late payment of contributions has meant that fewer units were purchased in Ms T’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.

3 CAS-110440-G7Q3

Anthony Arter CBE

Deputy Pensions Ombudsman

19 September 2024

4 CAS-110440-G7Q3 Appendix Date Employee contributions Employer contributions

January 2022 £75.71 £56.79

February 2022 £105.87 £79.41

March 2022 £105.87 £79.41

April 2022 £105.87 £79.40

May 2022 £105.87 £79.40

June 2022 £105.87 £79.41

July 2022 £105.87 £79.41

August 2022 £146.76 £110.07

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 £146.76 £110.07

April 2023 £146.76 £110.07

Totals £2,031.77 £1,523.86

5