How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47882
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I'm enrolled in a pension scheme at work and I pay 5% and the

Resolved Question:

I'm enrolled in a pension scheme at work and I pay 5% and the company match it, I just checked my pay slip the other day and noticed that there was know pension contributions being taken off me or paid by my employer, I spoke to some one and was told due to an error I had not been paying pension for 17 weeks, the company stated that they would pay there side back into my fund and I must pay my contributions,Im not willing to do that due to there incompetence of stopping my take offs and above all not notifying me that my pension payments had stopped
How do I stand with regards ***** ***** them to pay my contributions due to there incompetence?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did the company actually know the payments had stopped so they could let you know or was it only discovered when you asked them?
Customer: replied 2 years ago.
There were aware I was on in the office on my offshore terms and conditions some one decided to stop the payments because I was on shore and no one from HR informed payroll that I was still on my original terms which was pension payments. The payroll dept told me that HR was aware of this and they did not Act on it
Hence where I'm at now
In the 17 weeks this has happened there was one week pension deductions were made them they stopped
Cheers
Dave
Expert:  Ben Jones replied 2 years ago.
Hello Dave, legally you would not be able to claim that the employer pays your contributions I’m afraid. They may not have made arrangements for the money to be deducted but you have not actually lose that money – you instead still received it in your normal pay as the deductions were never made, so you have not suffered losses as a result. Had they taken the money out and then ‘lost’ it then you could have indeed asked them to cover these payments but not in the circumstances. They will of course have to pay for their own contributions as you never received that money but your personal contributions will still be money you actually received in your pay so it would still be your responsibility to pay these if you wanted them going into your pension.
None of this prevents you from raising a complaint with them, such as through an internal grievance, to see if they would be willing to cover these but if they refuse then legally you would not be able to force them to.
I hope this has answered your query, even though I understand it may not be the answer you were hoping for. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones and other Law Specialists are ready to help you