TPO upholds complaint against Zoyo

The Pensions Ombudsman (TPO) has upheld a complaint against Zoyo and ordered the employer to pay £16,430 towards the complainant’s Aviva pension pot, in addition to £500 for distress and inconvenience.

This is the second complaint made against Zoyo by the complainant, Mrs G, with a previous determination in September 2020 upheld by TPO on the grounds that the company had failed to pay her contributions to a pension plan nominated by her.

Mrs G most recent complaint also stated that her former employer, Zoyo, had failed to pay pension contributions to her pension scheme with Aviva following the Employment Tribunal's (ET) December 2020 judgement upholding Mrs G’s unauthorised deduction from wages claim.

The ET upheld the claim on the basis that “there was clear evidence that she was well enough to work from 20 February 2019 to 23 July 2019 and Zoyo had no contractual right to cease paying her in those circumstances”.

Mrs G then requested that Zoyo pay to her pension plan with Aviva the difference between pension contributions that it had paid, as directed in the previous determination from TPO, and the pension contributions payable based on her full contractual gross pay.

However, this payment was not made, which TPO identified as maladministration.

As a result, Zoyo has been ordered to establish with Aviva whether the late payment of contributions has meant fewer units were purchased than if the contributions had been paid on time and pay the cost of correcting any shortfall, in addition to the £16,430 payment to the pension plan and £500 for distress.

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