The Jaguar Pension Plan (CAS-91714-K2M3)

Ombudsman’s Determination

Outcome

The complaint is not upheld against the Trustee. The evidence does not support a finding that Mr S has suffered actual financial loss as a consequence of the way in which the Trustee dealt with his IHER application.

Complaint summary

Mr S complained that, in 2021, the Trustee failed to consider his ill health early retirement (IHER) application properly by refusing to award him a Serious IHER pension from the Plan.

He said that it was only after he had: (a) complained in December 2021 under Stage One of the Plan’s Internal Dispute Resolution Procedure (IDRP), and (b) supplied additional medical evidence that the Trustee:

• in February 2022, decided to approve his IHER application; and
• granted him a Serious IHER pension from 9 December 2021, his date of leaving Jaguar Land Rover Limited (JLR). 

Mr S also complained that:-

• The Trustee did not directly inform him of its original decision on his IHER application. It was relayed to him during a “Teams meeting” with JLR’s Human Resources Team (the HR Team) in October 2021. 
• Dr Grobler, JLR’s Consultant Occupational Health (OH) Physician, and the Trustee’s Medical Adviser (MA), Health Partners, acted unethically by failing to obtain further evidence from the medical experts treating his conditions, as requested by him. It transpired that this evidence included a significant report from his Haematology consultant which showed that his life expectancy was short. 
• Dr Grobler refused to correct the errors in his OH Outcome report dated 11 May 2021 and pressured him into approving its release to JLR. This flawed report was subsequently used by the Trustee and JLR when rejecting his IHER application and terminating his employment respectively.
• The Trustee improperly delegated its original decision to Health Partners by “blindly” following its medical advice.
• The Trustee incorrectly classified him as a deferred, rather than an active, member of the Plan. So he cannot transfer his pension rights from the Plan without losing the value of the “IHER enhancement”. If he accepts the Serious IHER pension, there will be no death benefits available to his children under the Plan.
• Mr N, JLR’s UK Pensions Manager and Secretary to the Trustee (one individual performing both roles), did not give him permission to directly contact the Plan administrator, Mercer, for details of the benefit options available to him from the Plan on IHER. 
• JLR’s capability review process which commenced in February 2021 took 32 weeks to complete. It should have taken no more than 12 weeks.