Nest · CAS-110538-D3V0

CAS-110538-D3V0

Ombudsman’s Determination Applicant Mr H

Scheme NEST (the Scheme)

Respondent Flow Electrics Ltd (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties

On the same day, Mr H also brought his complaint to The Pensions Ombudsman (TPO).

1 CAS-77197-F9W8 On 30 October 2023, the Employer explained to Mr H that the pension contributions were with the Scheme, but it was unable to gain access via the Employer portal.

Adjudicator’s Opinion

• The Adjudicator stated the Employer had accepted that not all of the contributions had been paid.

• As the Employer accepted contributions had been deducted from Mr H’s salary but had not been paid into the Scheme, the Adjudicator was of the view that there had been maladministration. Consequently, Mr H was not in the financial position he ought to be in.

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

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Directions

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

(ii) Mr H’s Mr H

;

(iii) establish with the Scheme administrator whether the late payment of contributions has meant that fewer units were purchased in Mr H’s Scheme account than he would have otherwise secured had the contributions been paid on time; and

(iv) pay any reasonable administration fee should the Scheme administrator charge a fee for carrying out the above calculation.

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Anthony Arter CBE

Deputy Pensions Ombudsman

13 September 2024

4 CAS-77197-F9W8 Appendix Date Employee contributions Employer contributions

November 2021 £39.87 £29.91

December 2021 £39.87 £29.91

January 2022 £39.87 £29.91

February 2022 £39.87 £29.91

March 2022 £39.87 £29.91

April 2022 £72 £54

May 2022 £72 £54

June 2022 £72 £54

Total amount: £726.90 £415.35 £311.55

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