Teachers’ Pension Scheme (PO-11241)

Ombudsman’s Determination

Complaint Summary

Mr H has complained that the School, which is an independent school, promised to maintain his membership of the Scheme at the time of his appointment in September 2011, but failed to do so even though it deducted employee contributions from his pay.

Mr H says that the offer of Scheme membership was central to his decision to accept the post and formed part of his contract of employment.

Mr H says he agreed to alternative, inferior, pension arrangements following misrepresentations made to him under duress, and wants his benefits in the Scheme reinstated, either by enrolment into the Scheme, or by provision of equivalent benefits.

He complains that the School continues to retain the deducted employee contributions.

Summary of the Ombudsman’s Determination and reasons

The complaint should be partly upheld and, to put matters right, the School should pay the cost of making good the financial loss Mr H has suffered in relation to contributions deducted and retained by the School, and outstanding employer contributions.