News

Ill Health and Early Retirement - Does the employer have an assumed duty of care and skill?

The Deputy Pensions Ombudsman (DPO) has upheld a complaint by a member Mrs S (PO-20087) who received lower ill health retirement benefits because she missed the deadline for members to continue with their existing ill health benefit applications under the National Health Service Pension Scheme Regulations 2015, which replaced the National Health Service Pension Scheme Regulations 2008 (2008 Regulations). The member argued that her employer had not adequately informed her about changes to the scheme she was enrolled.  She argued that if she submitted her application before the deadline, her preferable benefits would be protected.  

She submitted the information that had been given did not constitute a "reasonable step" to inform her of the changes.  She claimed she had suffered a financial loss due to missing the deadline.

The Deputy Pensions Ombudsman (DPO) upheld the member's complaint. It was decided that the employer had failed in its duty to process the member's application with reasonable care and skill and without undue delay. Simply directing the member to information about the deadline did not reflect the urgency which should have been applied. 

The DPO held that the employer had acted negligently and there had been maladministration on its part. Without such negligence, the member's application would have been submitted before the deadline and she would have received a higher level of benefits.

Posted on 6 November, 2019 by Ortolan

Get in Touch

If you would like to know more about Ortolan Legal and how we can help you reduce your ongoing recruitment costs, get in touch!

Email us now

   Or call 020 3743 0600

I have worked with Ortolan Legal since 2010 and used their services extensively. They have provided corporate and commercial legal advice and we have also drawn on their capability in the areas of employment law, dispute resolution and property law. What makes them so different is their ability consistently to deliver commercially focussed and high quality advice at a price point which simply cannot be matched by other law firms. They aim to strip out unnecessary overhead costs, concentrate on the quality of their core service and pass on these cost savings to their clients. It works.

Charlie Blackburn, Entrepreneur and co-founder of Brighttalk
See All
Receive news & updates from Ortolan Legal

Meet the Team

  • Nick Benson Nick Benson I qualified as a commercial and corporate solicitor…
  • Liz Delgado Liz Delgado I qualified as a solicitor in 1995 after studying…
  • Jude Mladek Jude Mladek I graduated with a law degree in 1998 and after…