Smart Pension National Employment Savings Trust Nest · CAS-35609-H6P5

CAS-35609-H6P5

Ombudsman’s Determination Applicant Ms R

Schemes Smart Pension National Employment Savings Trust (NEST)

Respondent Jigsaw Earlsdon Ltd (the Nursery)

Outcome

Complaint summary

Background information, including submissions from the parties

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Adjudicator’s Opinion

• The Adjudicator considered that it is necessary to form a view on what is more likely to have occurred, as the evidence is limited.

• The Adjudicator noted that the Nursery has not disputed Ms R’s calculation of the missing contributions.

• The Adjudicator also considered that the Nursery has been given ample opportunity to put forward its position and to review the Spreadsheet.

• The Adjudicator recommended that the Nursery should make good the shortfall in pension contributions, amounting to £1,043.06, that Ms R is claiming. The Nursery should also review its records and pay across any further missing contributions to the relevant scheme.

• The Adjudicator noted that

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The Nursery did not accept the Adjudicator’s Opinion and the complaint was passed to me to consider. I agree with the Adjudicator’s Opinion except in respect of the distress and inconvenience award, I note that no additional points have been raised by the Nursery.

Ombudsman’s decision

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I uphold Ms R’s complaint.

Directions

I. pay Ms R £1,000 in respect of the serious distress and inconvenience she has suffered;

II. pay the unpaid contributions of £550.06 to Smart Pension and the contributions of £493 to NEST;

III. request that Smart Pension and NEST calculate any loss of investment gains from the due date of each contribution to the date of actual payment, on the assumption the contributions were invested in Ms R’s chosen investment fund(s);

IV. pay any reasonable administration fee should Smart Pension and/or NEST charge a fee for carrying out the above calculations; and

V. within 21 days of receiving confirmation from Smart Pension and NEST of any loss of investment gains, pay to Smart Pension and NEST the amount(s) required to remedy that loss.

Anthony Arter

Pensions Ombudsman 23 October 2020

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