Nest · CAS-85318-T5R7

CAS-85318-T5R7

Ombudsman’s Determination Applicant Miss L

Scheme NEST (the Scheme)

Respondents Beckhall Properties Limited (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties

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Adjudicator’s Opinion

The Employer did not respond or accept the Adjudicator’s Opinion and the complaint was passed to me to consider. I agree with the Adjudicator’s Opinion.

2 CAS-85318-T5R7 Ombudsman’s decision

I uphold Miss L’s complaint.

Directions To put matters right, the Employer shall, within 28 days of the date of this Determination:

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

(ii) produce a schedule (the Schedule) showing the employee contributions deducted from Miss L’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

(iii) forward the Schedule to Miss L.

The Employer shall, within 14 days of receiving a request by Miss L, provide her with any reasonable additional information, in order for her to be able to check the details in the Schedule.

3 CAS-85318-T5R7 Within 14 days of receiving confirmation from Miss L that she agrees with the information on the Schedule, the Employer shall:

(i) pay the missing contributions at the correct level to the Scheme;

(ii) establish with the Scheme whether the late payment of contributions has meant that fewer units were purchased in Miss L’s account in the Scheme than she 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 Miss L’s units, pay the cost of purchasing any additional units required to make up the shortfall.

Anthony Arter CBE

Deputy Pensions Ombudsman 21 November 2023

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