TPO upholds complaint against Boardworks Limited

The Pensions Ombudsman (TPO) has upheld a complaint against Boardworks Limited and ruled it should £1,000 to the complainant for the “serious distress and inconvenience” caused.

The complainant, identified in the ruling as Miss H, alleged that Boardworks had failed to pay into the Aviva Pension Plan, despite deducting pension contributions from her pay.
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According to Miss H, between October 2020 and May 2021, Boardworks failed to pay pension contributions into the pension plan, with these missing contributions amounting to £958.50.

On 3 May 2022, TPO asked Boardworks for its formal response to Miss H’s complaint, a request which was repeated on 27 of the same month, but neither received a response.

The ombudsman therefore ruled that Boardworks had failed to pay Miss H’s contributions into the plan, and that this amounted to unjust enrichment and caused Miss H to suffer a financial loss.

To put things right, TPO ruled that, within 28 days of the determination, Boardworks should pay Miss H £1,000 for the serious distress and inconvenience she has experienced, produce a schedule showing the employee contributions deducted from Miss H’s pay, and forward the schedule to Miss H.

Boardworks was also directed to, within 14 days of receiving a request by Miss H, provide her with any reasonable additional information, in order for her to be able to check the details in the schedule.

Boardworks was also directed to pay the missing contributions to the Aviva plan, and establish with Aviva whether the late payment of contributions has meant that fewer units were purchased in Miss H’s plan account than she would have otherwise secured had the contributions been paid on time.

If this is the case, Boardworks will be required to pay the cost of purchasing any additional units required to make up that shortfall.

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