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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48783
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a female aged 63. Reached State Pension age Jan 2015.

Resolved Question:

I am a female aged 63. Reached State Pension age Jan 2015. I was made redundant at 60. Since then, I have been asking my employer for the pension company details relating to the Company Pension scheme they pay into (6% p.a.). I have worked for them since 1999 and to date (after several letters asking for the info, I have still not had the answer. I have pasted a copy of my most recent letter (shortened).
Can you advise me please as to any Duty they are under to provide me with the info. It is not a lot of money (approx £10,000) but on State Pension it would be a great help.
I am writing to you with regard to my Addaction pension for the period from November 1999 to March 2010.
As requested in my previous letters, I need to know:-
a. The contact details of the relevant pension company(s) for that period.
b. The employee number/code details relating to the above company(s)
c. The start and end dates of each of the relevant company(s)
I have contacted The Pensions Trust regarding my pension as advised by yourselves in your letter dated 14th May 2015 and I enclose a copy of their reply which confirms the information that I have given you regarding the period March 2010 to August 2012. However this still leaves the earlier period as unanswered.
I became eligible for my State Pension on 6th January 2015. Therefore I need to contact the above company(s) with regards ***** ***** pension monies being held by them on my behalf in order that I can access the pension(s), include it in my Will and also not suffer financial loss.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Do you still have any contacts at that employer or are you just addressing the letter generally?
Customer: replied 2 years ago.

I am addressing the letters to the HR Director. I didn't feel it appropriate to copy in the CEO or The Board at this stage as I feel that would be too harsh a move.

Expert:  Ben Jones replied 2 years ago.
Section 7 of the Data Protection Act 1998 entitles an individual to request from a data controller (in this case the employer) a copy of any information which amounts to personal data about them. The process is known as a Subject Access Request (SAR). If you wish to make a SAR, you need to write to the organisation that holds the data in question. Your letter should include the following information:{C}· Make it clear that you are making a 'subject access request in accordance with the Data Protection Act 1998';{C}· Provide details of the data you are requesting copies of;{C}· Your main personal details - full name, date of birth and address;{C}· Any information you believe the organisation will require to find your information. For example, your employer may need your payroll number The organisation may ask for a fee to fulfil your request, which should not be more than £10. Once you have provided all the relevant information and fee, the organisation must send you a formal response within 40 days. If the employer still does not respond then you may wish to try a different route. The Government offers a free Pension Tracing Service where so called ‘lost’ pensions are traced. You can start the process here: https://www.gov.uk/find-lost-pension It could prove a more effective way than trying to deal with the employer directly, especially if they are unwilling to cooperate. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 2 years ago.

Is there not a Duty by the employer to provide ex-employees with the details relating to the Pension Schemes. They have changed the Pension companies several times and I only have the details of the most recent one.

I am at a loss as to understand how they can be uncooperative regarding a matter that is directly relating to my pension. It must be 'good practise' to provide this info to any ex-employee or those still in employment with them?

If there is any such Duty can you advise me of this so that I can quote this 'Duty'.

Many thanks

Expert:  Ben Jones replied 2 years ago.
Well there is no specific duty which states the employer must disclose pension information but that is why there is a more general duty on disclosing personal information and that is under the Data Protection Act as mentioned. That is where the duty would come from and that is what you need to refer to. Hope this clarifies?