Strathclyde Pension Fund (CAS-71892-J1V8)

Ombudsman’s Determination

Outcome

Mr E became eligible to join the Fund on the date he commenced employment with the Council in accordance with the 2008 Administration Regulations and the 2008 Benefit Regulations. The complaint should be upheld, and Mr E should be retrospectively enrolled as a member of the Fund from 27 January 2011, as he was employed by the Council and became a member of the Fund from this date. The Council’s mistakes have caused Mr E significant distress and inconvenience.

Complaint summary

Mr E has complained that the Council failed to recognise him as a member of the Fund from 27 January 2011. An Employment Tribunal (ET) determined in August 2017 that he should have been classified as an employee of the Council and the ET’s judgment was subsequently upheld by an Employment Appeal Tribunal (EAT) on 27 August 2020. As an employee, Mr E was of the view that he was entitled to membership of the Fund.