Celebrity Global Holdings Ltd Pension Scheme · CAS-41447-J2T2

CAS-41447-J2T2

Ombudsman’s Determination Applicant Mrs S

Scheme Celebrity Global Holdings Ltd Pension Scheme (the Scheme)

Respondent Celebrity Global Holdings Ltd (the Employer)

Outcome

Complaint summary

Background information, including submissions from the parties

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Further, it is the Employer’s position that Mrs S’ employment was terminated by mutual agreement on 30 June 2019

Adjudicator’s Opinion

The evidence showed that Dr Al Hadhrami had attempted to establish a business in the UK and that not only was pension provision not made, but salary was not paid, among a number of other business failings.

Under the Pensions Act 2008 (PA 2008), every employer in the UK must put certain staff into a workplace pension scheme and contribute towards it. This is called 'automatic enrolment'. If the employer employs at least one person it is classed as an employer and it has certain legal duties (the employer duties). The evidence presented indicates that the Employer employed two staff. Therefore, the employer duties applied.

The Pension Regulator’s (TPR) Automatic Enrolment detailed guidance for employers number 6 entitled ‘Opting in, joining and contractual enrolment’ states:

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To use contractual enrolment, the employer must obtain the employee’s consent to put them into a pension scheme and deduct pension contributions from their salary. This was often done by way of a contract of employment, which the evidence showed had been done in Mrs S’ case. Furthermore, contractual enrolment was permitted providing that the employee was a member of a qualifying scheme. Mrs S had such a scheme in place with SJP.

The Adjudicator considered that the Employer had failed to honour the contractual terms, which crossed over into employment law. However, the Employer had also failed to meet its duties under PA 2008 and this amounted to maladministration.

The evidence provided showed two versions of Mrs S’ employment contract – Version 1 with signature page 23 (the version provided by Mrs S) and Version 2 with signature page 20 (the version that the Employer considered to be correct). However, only Version 2 had been signed by both parties.

Both versions of the Contract showed that Mrs S was employed rather than self- employed.

In Version 2, Section 11 read as follows:

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Ombudsman’s decision

Mrs S’ complaint is upheld.

Directions

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Anthony Arter

Pensions Ombudsman 10 June 2022

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