Nest Pension Scheme · CAS-57163-F8Z3

CAS-57163-F8Z3

Ombudsman’s Determination Applicant Mr S

Scheme NEST Pension Scheme (the Scheme)

Respondent Bionica Systems Limited (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 Mr S.

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

• In the Caseworker’s view, Mr S had suffered severe 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 Mr S £1,000 for the serious distress and inconvenience he has experienced;

(ii) produce a schedule (the Schedule) showing the employee contributions deducted from Mr S’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 S.

(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 Mr S’ Scheme account than he 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 NEST of any shortfall in Mr S’ units, pay the cost of purchasing any additional units required to make up the shortfall.

Anthony Arter

Pensions Ombudsman 31 October 2022

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Appendix Date Employee contributions Employer contributions August 2018 £37.93 £31.61 September 2018 £37.19 £31.61 October 2018 £37.19 £31.61 November 2018 £37.19 £31.61 December 2018 £37.93 £31.61 January 2019 £37.93 £31.61 February 2019 £37.93 £31.61 March 2019 £37.93 £31.61 April 2019 £62.86 £47.14 May 2019 £62.86 £47.14 June 2019 £62.86 £47.14 July 2019 £62.86 £47.14 August 2019 £62.86 £47.14 September 2019 £62.86 £47.14 October 2019 £62.86 £47.14 November 2019 £62.86 £47.14 December 2019 £62.86 £47.14 January 2020 £62.86 £47.14 February 2020 £62.86 £47.14 March 2020 £62.86 £47.14 April 2020 £62.54 £46.90 May 2020 £62.54 £46.90 June 2020 £62.54 £46.90 July 2020 £62.54 £46.90 Total £1,305.70 £1,006.16

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