Nest · CAS-113424-Z0H3

CAS-113424-Z0H3

Ombudsman’s Determination Applicant Mr D

Scheme NEST (the Scheme)

Respondent The Bridge Agent Limited (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties

In May 2022, Mr D began his employment with Danson Property Services Limited.

In August 2022, the Employer was incorporated, and a short period later it would appear that Mr D became employed by the Employer instead of Danson Property Services Limited (see paragraph 8 below). Both Danson Property Services Limited and the Employer had the same sole director.

On 23 March 2023, the Employer wrote to Mr D to confirm his employment with The Bridge Agent Limited and his enrolment into the Scheme.

Between April 2023 and July 2023, the Employer failed to pay pension contributions into the Scheme.

1 CAS-113424-Z0H3 On 11 November 2023, Mr D brought his complaint to The Pensions Ombudsman (TPO).

Mr D provided copies of the payslips that he held for the period from April 2023 to July 2023, which detailed the pension contributions deducted from his pay and the corresponding employer contributions year to-date. These deductions amounted to £446.18. A breakdown of the deductions has been included in the Appendix.

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Adjudicator’s Opinion Mr D’s complaint was considered by one of our Adjudicators who concluded that further action was required by the Employer as it had failed to remit the contributions that were due to the Scheme. The Adjudicator’s findings are summarised below:-

• The Adjudicator said that he had no reason to doubt the information provided by Mr D and the Scheme administrator. So, in the Adjudicator’s Opinion, on the balance of probabilities, contributions had been deducted from Mr D’s salary but 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 D was not in the financial position he ought to be in.

• In the Adjudicator’s view, Mr D had suffered significant distress and inconvenience due to the Employer’s maladministration. The Adjudicator was of the opinion that an award of £500 for non-financial injustice was appropriate in the circumstances.

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Ombudsman’s decision

Directions

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

(ii) s

;

(iii) establish with the Scheme administrator whether the late payment of contributions has meant that fewer units were purchased in Mr D’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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Dominic Harris

Pensions Ombudsman 7 January 2025

6 CAS-113424-Z0H3 Appendix Date Employee contributions Tax Year to-date Employer contributions

30 April 2023 £73.87 £55.40

31 May 2023 £75.65 £112.14

30 June 2023 £84.33 £175.39

31 July 2023 £21.11 £191.22

Totals £254.96 £191.22

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