Nest · CAS-59418-M9H0

CAS-59418-M9H0

Ombudsman’s Determination Applicant Mrs E

Scheme NEST (the Scheme)

Respondent Tudor Inns Ventures 1 (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties In November 2018, while employed by Tudor Inn Ventures 2 (TIV 2), Mrs E was enrolled into the Scheme. Between April 2018 and August 2018, pension contributions were deducted from her pay.

In September 2018, Mrs E’s employment transferred from TIV 2 to the Employer. Mrs E said that this was essentially the same employment as TIV 2, which was just trading under a different name. Between September 2018 and July 2019, pension contributions were deducted from her pay.

Between September 2018 and November 2018 Mrs E said she carried out various unsuccessful queries in relation to her pension.

The Employer first made contributions to the Scheme on behalf of Mrs E on 26 February 2019. Mrs E says that contributions were made in relation to both TIV 2 and the Employer, but contributions were still missing.

On 14 June 2019, Mrs E’s employment with the Employer ended.

1 CAS-59418-M9H0 On 15 October 2020, Mrs E brought her complaint to the Pensions Ombudsman (TPO).

Mrs E provided copies of payslips, which detailed the pension contributions deducted from her pay and the corresponding employer contributions. A schedule of the payments relating to the Employer has been replicated in Appendix One. Mrs E also provided screenshots from her NEST account which showed when payments were made into the Scheme. A schedule of these payments has been included in Appendix Two. In her submissions to TPO, Mrs E said that not all contributions had been paid either at all or on time and that she could have suffered financial loss due to the late payment of these contributions.

On 20 April 2021, TIV 2 was dissolved. Due to this TPO could no longer investigate any missing contributions in relation to TIV 2.

On 2 August 2021, TPO asked for the Employer’s Formal Response to Mrs E’s complaint.

On 4 September 2021, the Employer provided its Formal Response. It said that the contributions due equalled £262.89 and the payments made amounted to £287.25. So, there was nothing outstanding. It provided a payment schedule that suggested that the contributions were paid on a weekly basis between October 2018 and July 2019. A Schedule of these payments has been included in Appendix Three. This schedule did not coincide with the payments seen on the NEST statement.

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• The Employer had offered to make a payment of £103.47 to settle the matter. However, this appears to relate to the contributions taken from Mrs E’s pay during her employment with TIV 2. As TPO can no longer investigate this part of the complaint, it is up to Mrs E whether she accepts this payment.

• The Caseworker agreed that not all contributions had been paid into the Scheme on time and the Employer is responsible for any financial loss that has resulted from the late payments.

• The Caseworker accepted that Mrs E would have suffered serious distress and inconvenience at the thought of her pension contributions being lost.

• The Employer should pay Mrs E £1,000 for the serious distress and inconvenience she has experienced.

Ombudsman’s decision

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Directions

• Pay Mrs E £500 for the significant distress and inconvenience she has experienced;

• Produce a schedule (the Schedule) showing the employee contributions deducted from Mrs E’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 a breakdown of when payments were made into the Scheme; and

• Forward the Schedule to Mrs E.

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Anthony Arter CBE

Deputy Pensions Ombudsman 13 November 2023

5 CAS-59418-M9H0 Appendix One – Contribution schedule according to Mrs E’s payslips for her employment with TIV 1 Payslip Date Employee contribution Employer contribution

19/09/2018 £3.58 £2.98

26/09/2018 £0.00 £0.00

03/10/2018 £0.00 £0.00

09/10/2018 £0.00 £0.00

18/10/2018 £0.00 £0.00

24/10/2018 £0.00 £0.00

31/10/2018 £0.00 £0.00

07/11/2018 £0.00 £0.00

14/11/2018 £3.04 £2.53

21/11/2018 £4.42 £3.68

28/11/2018 £2.92 £2.43

05/12/2018 £0.70 £0.58

12/12/2018 £2.56 £2.13

19/12/2018 £2.62 £2.18

26/12/2018 £2.80 £2.33

02/01/2019 £1.06 £0.88

09/01/2019 £2.98 £2.48

16/01/2019 £2.74 £2.28

23/01/2019 £2.68 £2.23

30/01/2019 £1.84 £1.53

06/02/2019 £1.18 £0.98

6 CAS-59418-M9H0 13/02/2019 £2.32 £1.93

20/02/2019 £1.18 £0.98

27/02/2019 £2.26 £1.88

06/03/2019 £2.56 £2.13

13/03/2019 £2.50 £2.08

20/03/2019 £2.02 £1.68

27/03/2019 £3.94 £3.28

03/04/2019 £2.20 £1.83

10/04/2019 £0.00 £0.00

17/04/2019 £1.78 £1.34

24/04/2019 £1.38 £1.04

01/05/2019 £1.78 £1.34

08/05/2019 £2.08 £1.56

15/05/2019 £3.48 £2.61

22/05/2019 £2.28 £1.71

29/05/2019 £6.48 £4.86

05/06/2019 £5.28 £3.96

12/06/2019 £5.28 £3.96

19/06/2019 £16.68 £12.51

17/07/2019 £1.58 £1.19

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Appendix Two – Contributions paid to the Scheme Date received by NEST Employee contribution Employer contribution

26/02/2019 £2.80 £2.33

26/02/2019 £6.10 £5.08

26/02/2019 £1.06 £0.88

26/02/2019 £6.10 £5.08

26/02/2019 £2.98 £2.48

26/02/2019 £6.10 £5.08

26/02/2019 £6.10 £5.08

26/02/2019 £0.70 £0.58

26/02/2019 £2.62 £2.18

26/02/2019 £2.92 £2.43

26/02/2019 £3.04 £2.53

26/02/2019 £6.10 £5.08

26/02/2019 £6.10 £5.08

26/02/2019 £2.56 £2.13

26/02/2019 £6.10 £5.08

26/02/2019 £3.58 £8.06

26/02/2019 £4.42 £3.68

27/02/2019 £4.00 £3.33

27/02/2019 £2.68 £2.23

27/02/2019 £1.18 £0.98

27/02/2019 £2.74 £2.28

27/02/2019 £2.32 £1.93

27/02/2019 £1.18 £0.98

18/06/2019 £2.56 £2.13

8 CAS-59418-M9H0 18/06/2019 £3.48 £2.61

18/06/2019 £2.28 £1.71

18/06/2019 £1.78 £1.34

18/06/2019 £6.48 £4.86

18/06/2019 £2.50 £2.08

18/06/2019 £3.94 £3.28

18/06/2019 £2.20 £1.83

18/06/2019 £1.56 £2.08

18/06/2019 £2.02 £1.68

18/06/2019 £2.56 £2.13

18/06/2019 £2.20 £1.83

18/06/2019 £1.38 £1.04

18/06/2019 £1.78 £1.34

18/06/2019 £5.28 £3.96

15/07/2019 £5.28 £3.96

16/07/2019 £16.68 £12.51

08/08/2019 £1.58 £1.19

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Appendix Three – Contribution Schedule according to the Employer Date received by NEST Employee Contribution Employer Contribution

17/10/2018 £0.00 £0.00

24/10/2018 £6.10 £5.08

31/10/2018 £6.10 £5.08

07/11/2018 £6.10 £5.08

14/11/2018 £6.10 £5.08

21/11/2018 £6.10 £5.08

28/11/2018 £6.10 £5.08

05/12/2018 £6.10 £5.08

12/12/2018 £3.04 £2.53

19/12/2018 £4.42 £3.68

26/12/2018 £2.92 £2.43

02/01/2019 £0.70 £0.58

09/01/2019 £2.56 £2.13

16/01/2019 £2.62 £2.18

23/01/2019 £2.80 £2.33

30/01/2019 £1.06 £0.88

06/02/2019 £2.98 £2.48

13/02/2019 £2.74 £2.28

20/02/2019 £2.68 £2.23

27/02/2019 £4.00 £3.33

06/03/2019 £1.18 £0.98

13/03/2019 £2.74 £2.28

20/03/2019 £1.18 £0.98

27/03/2019 £4.00 £3.33

10 CAS-59418-M9H0 03/04/2019 £2.56 £2.13

10/04/2019 £2.50 £2.08

17/04/2019 £2.02 £1.68

24/04/2019 £3.94 £3.28

02/05/2019 £2.20 £1.83

09/05/2019 £1.78 £1.34

16/05/2019 £1.38 £1.04

23/05/2019 £1.78 £1.34

30/05/2019 £1.56 £2.08

06/06/2019 £3.48 £2.61

13/06/2019 £2.28 £1.71

20/06/2019 £6.48 £4.86

27/06/2019 £5.28 £3.96

04/07/2019 £5.28 £3.96

11/07/2019 £16.68 £12.51

18/07/2019 £1.58 £1.19

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