Beulah Allaway and Martin Brown have contributed the legal chapter to a new book entitled 'Social Value in Construction', published by Routledge and available to purchase from 17 December 2018.
The Pensions Ombudsman has introduced fixed awards for distress and inconvenience (or “non-financial injustice”) caused by maladministration in the management of pension schemes.
The guidance is effective immediately and applies to complaints which are currently before the Ombudsman as well as new complaints. Non-financial injustice can cover the time and effort spent in having to pursue a complaint and the associated “distress”, such as concern, anxiety, anger, disappointment, embarrassment or loss of expectation and could range from “mild irritation” to anxiety which requires medical treatment.
Awards will fall into one of five categories, each with a corresponding fixed award:
- Nominal (no award)
- Significant (£500)
- Serious (£1000)
- Severe (£2000)
- Exceptional (more than £2000)
The Ombudsman’s guidance sets out examples of the sorts of factors it will consider in deciding the level of award, for example:
- how obvious the maladministration was;
- whether it could have easily been avoided;
- any excessive delays in handling the complaint; and
- the level of distress or inconvenience suffered.
The factsheet published by the Ombudsman sets out examples of how the factors might be applied practically. This document is a reproduction of this.
However, the Ombudsman emphasises that all submissions will be considered on a case-by-case basis. In any event, the awards are not designed to be punitive in nature and are intended as an acknowledgement of the inconvenience or distress they have suffered. Awards falling into the ‘exceptional’ category are therefore expected to be rare.
For more information
For advice on dealing with complaints about pensions maladministration or disputes, please contact Doug Mullen.
The Competition and Markets Authority (CMA) has published its final advice to help care homes understand their wider obligations to residents, and prospective residents, under consumer law.
When the Mental Capacity Act was going through parliament, “pro-life” groups argued that the provisions around health and welfare and advance directives would be the prelude to legalised euthanasia.
The Charity Commission has recently published two pieces of updated guidance relating to safeguarding and serious incident reporting.
Jonathan Cox is the head of Anthony Collins Solicitors’ new Manchester office, leading on recruitment and expansion in the North West.
The news that Allied Healthcare is “actively exploring” the sale or transfer of its care and support services means the TUPE implications and risks need to be considered for any would-be buyers.
Anthony Collins Solicitors is pleased to announce its appointment to the UK Government’s Crown Commercial Service (CCS) new £320m wider public sector legal services panel.
Following a recent case, the Court has clarified in what circumstances investigations into abnormally low tenders ought to be conducted.
Calculating holiday pay and entitlement is rarely a pleasure and almost always a chore! It would be wise to review the calculation of holiday pay for term-time workers.
The collapse of Carillion in January this year was a timely reminder that, while the economy as a whole slowly improves, the construction and maintenance industry still faces significant insolvency risks.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.