Employer guilty of negligent misstatement for failure to warn member of lost protected pension age (Mr H PO-15168 and Mr N PO-15171)

Table of contents

• Original news
• Summary
• What were the facts?
• What was the Pensions Ombudsman’s decision?
• What is the impact of this determination?

Article summary

Pensions analysis: In the determination of Mr H (PO-15168) and Mr N (PO-15171) the Pensions Ombudsman upheld a complaint that an employer was responsible for members losing a protected pension age. The employer was not only guilty of negligent misstatement for failure to warn the member entitled to a tax-free lump sum that he would lose his protected pension age if he restarted work after retirement, but also failed to act with reasonable care and skill when informing another member about his pension entitlement. Martin Scott of gunnercooke LLP looks at the decision.