TPO upholds complaint against Halsey Builders and B&CE

The Pensions Ombudsman (TPO) has upheld a complaint from a member of the Halsey Ltd Pension Scheme against B&CE and Halsey Builders Ltd.

Mr Y’s complaint against the employer and B&CE was that the employer had not paid one year’s worth of employee and employer contributions to his pension and from April 2018 incorrect contributions were made to his pension.

The complaint also alleged that he had not received compensation for the missing interest as previously agreed by the employer and that both parties had taken too long to respond and resolve this matter.

Mr Y’s complaint was considered by one of the adjudicators who concluded that further action was required by the employer and B&CE as it was found that the employer had not only failed to pay the correct contributions for Mr Y and submit correct data to B&CE, but it had also missed numerous opportunities to put matters rights over an extended period.

The complainant was awarded an additional £500 from the scheme due to the additional distress he was judged to have suffered because of its inaction.

The scheme will also provide B&CE with all the necessary information it requires to enable it to carry out a full and accurate loss/gain calculation.

If the calculation shows a loss, the employer and B&CE shall between them pay into Mr Y’s pension account the sum required to bring his unit holding to correct level in such proportion as they agree between them.

The employer accepted the adjudicator’s opinion on 23 February 2022 and B&CE accepted on 2 March 2022.

TPO acknowledged that both the employer and B&CE have paid the sums detailed in the adjudicator’s opinion as an award made in recognition of Mr Y’s distress and inconvenience, but made it clear that there continues to be a failure to carry out the actions required to restore Mr Y’s pension account to the level it should be had all the contributions due been paid correctly.

The employer was directed to, within 28 days of the determination, pay Mr Y a further £500 in respect of the additional distress and inconvenience that he has suffered and to provide B&CE with all the necessary information it requires to enable it to carry out on a full and accurate loss/gain calculation.

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