Workplace pension. Employer not complying

[Xander2023]

Namechanged for this just in case it's outing.

My employer has failed to make the required contributions to my workplace pension and my pension pot is several thousand pounds smaller than it should be.

I have raised the issue first with them and then with the Pension Regulator and the Pension Ombudsman without success. As I understand it it is the Pension Regulator who should act, but all I get from them is an automated response thanking me for the info but also saying that "they do not act in all cases". The Pension Ombudsman is ignoring me.

Does anyone know about any other legal avenues I could pursue? Thank you

Bumping for you.

Are you a member of a union? I'd get them on the case. Has anyone else in the workplace been affected or just you?

What did your Employer say?

Thanks all.

I am not a member of a union.

This has happened to 8 other people.

My employer admits that they're in the wrong and is willing to make the backdated contributions provided I pay them back first the contributions they should have deducted from my salary.

They say that as soon as I pay them they will make ALL contributions.

I do not trust them so I'm asking that they do it the other way round - they pay their contributions first and then I pay mine in instalments (we are talking several thousand pounds).

They're saying that this is is not possible. I suspect they'd like me to give up on any backdated contributions as I do not have 000s pounds to give them in one go.

Write to the ombudsman voicing concern about being ghosted. Copy in your local MP, the MP for the area in which your work is based, and whichever government ministers are responsible for employment law and pensions. I know it's not the same because it is private but it will put the shits up the ombudsman.

Make it a collective letter from all nine of you with everyone's full contact details and signatures. Put a date in that you want a response by. Make it realistic and fair, say, four weeks.

It would be usual to invest the missing instalments all in one go so that the prices can be allocated in line with what they should have been in the first place. I can see why you are nervous though.

How big is your employer? Is it an error or is it a sign of financial difficulty?

Thanks @AuntieJoyce

The busines has 42 staff at the moment. Only 8 of us are affected by this problem.

We have never got a proper explanation. Definitely not in writing. It seems that someone in HR made a mistake and it has taken them years to sort out for no clear reason.

They've said they will sort it out via an "exception schedule" (our pension is with Nest).

Are there designated pension trustees? Can you set up an escrow account for both sides to pay into which will then be transferred in in one lump?

Given pensions are a legal requirement of employment I would see if acas can help. There are many rules around pensions and auto enrolment. Employees are required to contribute at the same time as obliged to contributed uto enrolment rules. Obviously after this mistake, you aren't in the standard rules so I don't know what is allowed. It might be they can't pay their money in without yours as you don't reach the minimum of payment under auto enrolment. I don't know.

Can you ask your employer if their objection to you paying in instalments is because of a rule or because they just don't want to agree?

Alternatively will they pay in installments that match yours? I know this delays the money reaching the pension fund but at least it gets in eventually which is the main objective. Honestly if it's only a matter of a couple of months delay, this might be the best answer.

It might be your employer think you won't pay and they will be out of pocket. (I think if they have made an error this is something they should risk though).

I would also ring the Nest helpline as they might have some advice.

An exception schedule just means an extra notification to Nest of an extra contribution.