Nest · CAS-103447-S3N7

CAS-103447-S3N7

Ombudsman’s Determination Applicant Mr K

Scheme NEST (the Scheme)

Respondent Sarah Barrett Organic Lifestyle Group Ltd (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties CAS-103447-S3N7

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. He said that the Employer responded to TPO’s communications and agreed that contributions were owed to Mr K.

• The Caseworker said that both parties agreed that some of the contributions had been deducted from Mr K’s salary had not been paid into the Scheme. In addition, the Employer had not paid all of the employer contributions that were due over the same period. As a result of its maladministration, Mr K is not in the financial position he ought to be in.

• The Caseworker acknowledged the Employer’s comments that it had ceased trading and had no means to pay. However, the Caseworker said that the Employer should take steps to put Mr K in the same position he would have been in had the maladministration not occurred.

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Directions

(i) pay Mr K £500 for the significant distress and inconvenience he has experienced;

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

(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 K’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 K’s units, pay the cost of purchasing any additional units required to make up the shortfall.

Anthony Arter CBE

Deputy Pensions Ombudsman 16 November 2023

3 CAS-103447-S3N7 Appendix Date Employee contributions Employer contributions

13 April 2022 £69.28 Not stated

26 October 2022 £75.08 Not stated

23 November 2022 £72.57 Not stated

21 December 2022 £73.13 Not stated

18 January 2023 £76.12 Not stated

15 February 2023 £76.23 Not stated

15 March 2023 £75.06 Not stated

Total unpaid employee £ 517.47 contributions

Total unpaid employer Unknown contributions

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