UK: Careless Communication Results In Ombudsman Claim

Last Updated: 3 November 2014
Article by Alison Hills

Mr Hayes was a member of the final salary scheme run by Inspec Fine Chemicals Ltd until 31 March 2000 when his employment transferred over to Schenetady Europe Limited who offered him membership of their final salary scheme.

Mr Hayes and each of his colleagues who transferred employment over to Schenetady were asked whether they would like to take their benefits from the Inspec scheme as early leavers or whether they would rather have a transfer to Schenetady's final salary scheme.  Those members transferring their benefits into the Schenetady scheme were offered service credits with a 25% uplift for each year of pensionable service they had accrued.  Men and women were offered the same transfer credit and uplift.

The main reason for the uplift was because of a difference in the early retirement terms between the two schemes.  The Inspec scheme allowed members to take benefits at age 62 without reduction, whereas the Schenetady scheme required members to reach age 65 before they could take their benefits without any early retirement reduction being applied.

Mr Hayes accepted the offer to transfer his benefits to his new employer's scheme and he was awarded 18 years and 8 months' pensionable service under the Schenetady scheme, having accrued just 14 years and 11 months' pensionable service under the Inspec scheme.

Eleven years later, in 2011, an error was discovered.  The bulk transfer value had not properly taken into account the judgment in Barber v Guardian Royal Exchange and consequently the bulk transfer value (in respect of all transferring members) had been underpaid by £323,466.47.  The trustees of the Inspec scheme dutifully wrote to the trustees of the Schenetady scheme offering to pay the requisite amount.  In an unusual turn of events the trustees of the Schenetady scheme refused to accept the transfer value!  This was on the grounds that they no longer accepted transfers-in to the scheme.  The Schenetady trustees then wrote to the affected members, including Mr Hayes, to inform them that there had been an error, but crucially they used the following wording:

" has been identified that some members' benefits had been incorrectly calculated... some members may be entitled to an additional transfer value."

No doubt the recipients of these letters rubbed their hands with glee in anticipation of receiving an additional transfer value, leading to additional benefits under the Schenetady scheme.

After taking legal advice which confirmed that the liability now rested with the trustees of the Schenetady scheme the trustees of the Inspec scheme withdrew their offer of payment of the £323,466.47.

Mr Hayes complained to the Ombudsman, stating that:

(1)        he wanted his share of the £323,466.47 underpayment (which he calculated to be £8,433.45); and

(2)        that his 25% uplift must surely have been (a) calculated incorrectly because the Barber window had not been taken into account; and (b) eroded because the transfer value should have been higher.

In relation to the first of these points:  It was not contested that the bulk transfer value had been miscalculated.  However, the level of Mr Hayes' benefits had not been affected by this error.  The only party who had suffered a financial loss as a result of this error was the Schenetady scheme as it was legally required to provide benefits which were not funded by the bulk transfer it had received in 2001.

In relation to the second of these points:  Having investigated the actuarial method and assumptions used to calculate Mr Hayes' transfer credit it transpired that he had been granted a more generous level of benefits than he would have been entitled to under the Inspec scheme as: (1) full account had been taken of the difference in early retirement age; and (2) the calculation of the transfer was based on a staggered early retirement age from 59 with no actuarial reduction averaging at approximately 62 years of age - i.e. the same as under the Inspec Scheme.

Despite concluding that Mr Hayes had not been financially disadvantaged as a result of the bulk transfer being underpaid, the Ombudsman acknowledged it was  "hardly surprising" that Mr Hayes had believed he was entitled to more under the Schenetady scheme.  Whilst Mr Hayes' complaint was dismissed he was awarded £300 in recognition of the loss of expectation he had suffered and the trouble caused to him in pursuing this complaint.

A vast number of Ombudsman complaints arise as a result of careless communication with members.  If the trustees in this case had taken proper advice and based their communication to the affected members on that advice the confusion that ensued could have been avoided.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.