Aviva · CAS-62086-Z6M1

CAS-62086-Z6M1

Ombudsman’s Determination Applicant Mr R

Scheme Aviva (the Scheme)

Respondent Alliance Automotive UK Trading Groups Limited (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties In November 2018, Lloyds Motor Spares was acquired by the Alliance Automotive Group. Mr R, who had worked for Lloyds Motor Spares for 25 years, said that his employment went through a Transfer of Undertakings (Protection of Employment) (TUPE) over to the Employer. However, following the acquisition, it took six months for him to be added to the Employer’s pension scheme.

Throughout these six months, pension contributions were being taken from Mr R’s salary, however, these contributions had not been paid to the Scheme.

Mr R provided copies of the payslips that he held for the period from November 2018 to April 2019, which detailed the pension contributions deducted from his pay and the corresponding employer contributions. These deductions amounted to £2,913.72.

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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 R.

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

• In the Caseworker’s view, Mr R had suffered serious distress and inconvenience due to the Employer’s maladministration. The Caseworker was of the opinion that an award of £1,000 for non-financial injustice was appropriate in the circumstances.

Ombudsman’s decision

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

Camilla Barry

Deputy Pensions Ombudsman 5 March 2025

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