Employer (Ford Motor Company) Didn't Pay National Insurance - State Pension Diminished

JGB1955

So... this whole issue is about one year of NIC?  Less than £800 and you're thinking of taking on a legal battle?

RedditchResident

molerat said:

RedditchResident said:

molerat said:

RedditchResident said:

All of my years with Ford are qualifying years except the year in question.  

Confused by this.  If it is only one year then that is hardly likely to diminish your state pension.

...

35 years is only for those starting their NI history after 2016.  Everyone with a pre 2016 history is on a hybrid scheme where you may need more or less than 35 years to get more or less than the current full pension.

Again, what does your pension forecast show ?  Are you sure the Ford pension scheme was not contracted out ?

My state pension forecast gives me a figure for what I can expect now on retirement and what I would get if I continue to make NI contributions through until retirement.  What I will get is based on the qualifying years needed, 35, and qualifying years I have pro rata.  The system allows me to look in detail at individual historic years.  In 1990 I was employed by Ford but they made no NICs.  They did in 1989 and 1991.  There is nothing about my employment that would explain why no contributions were made in 1990 and once again, I was not opted out. 

RedditchResident

nick74 said:

My money would be on the Contributions Agency (as I think they were called at that time) losing the record rather than Ford not paying it. Do you still have any wage slips or P60 for that year? Incidentally you don't neccessarily need 35 years NI contributions to get a full state pension as you will come under the transitional rules. For you it may be more or less than 35 years.

I am going by the online state pension forecast system however I will investigate the transitional rules you mention as I didn't know about that.  If it was a contributions agency problem one might have expected a responsible employer to either raise the matter with that agency or suggest I raise it with them myself.  By now they have spent more with a city law firm than would have sorted the whole thing out, several times over.  

RedditchResident

JGB1955 said:

So... this whole issue is about one year of NIC?  Less than £800 and you're thinking of taking on a legal battle?

Not sure where you got the  £800 figure from.  I have a reasonable expectation of several healthy decades.  I don't drink or smoke and I take regular exercise.  The state pension is paid through until death.  Because of this mistake, or whatever it was, on the part of Ford I lose out every year of retirement.  In any case,  £800 is a sum of money that would prompt me to take legal action.  

GrumpyDil

But Ford probably have no records going back that far in respect of your employment so the safest and simplest response open to them is to simply say any claim you may be considering is out of time. 

RedditchResident

GrumpyDil said:

But Ford probably have no records going back that far in respect of your employment so the safest and simplest response open to them is to simply say any claim you may be considering is out of time. 

In the absence of records from payroll Ford need only refer to my occupational pension record.  In any case they say they agree I was employed by them.  They asked for and were shown my state pension forecast.  They haven't said that any supporting information is no longer available.  They simply say that I am time barred from asking them to do anything about it.  As a point of contract law and employment law that is correct, even if it is morally indefensible.  (However HMRC do not share their view on time limits regarding national insurance and have asked for full details.)  I would suggest to all who read this that a six year limit on access to the courts in the case of pension related matters is not a healthy situation at all.  I am in motivated to do my bit to improve the situation.  Please see: https://petition.parliament.uk/petitions/564683  

JGB1955

RedditchResident said:

JGB1955 said:

So... this whole issue is about one year of NIC?  Less than £800 and you're thinking of taking on a legal battle?

Not sure where you got the  £800 figure from.  I have a reasonable expectation of several healthy decades.  I don't drink or smoke and I take regular exercise.  The state pension is paid through until death.  Because of this mistake, or whatever it was, on the part of Ford I lose out every year of retirement.  In any case,  £800 is a sum of money that would prompt me to take legal action.  

The cost of one year's voluntary NIC contributions is less than £800.  It's quite possible that paying for a pre-2016 year will gain you nothing in state pension.

RedditchResident

tacpot12 said:

Unfortunately, I think the the law firm is correct; your action for breach of contract has to start within six years of the breach occurring, ... ... easier for Ford to pay, so may be a compromise that they will agree to. An you are an ex-employee, it seems the least they could do. 

Ford and Lewis Silken have made it abundantly clear that they will spend an unlimited amount of money on whatever course of action is required to avoid doing what most people would consider the responsible thing to do, sort the problem out.  The fact that the sums involved are trivial is of no consequence to them.  I have found their attitude jaw dropping but in truth they were not nice to work for either.   

RedditchResident

JGB1955 said:

RedditchResident said:

JGB1955 said:

So... this whole issue is about one year of NIC?  Less than £800 and you're thinking of taking on a legal battle?

Not sure where you got the  £800 figure from.  I have a reasonable expectation of several healthy decades.  I don't drink or smoke and I take regular exercise.  The state pension is paid through until death.  Because of this mistake, or whatever it was, on the part of Ford I lose out every year of retirement.  In any case,  £800 is a sum of money that would prompt me to take legal action.  

The cost of one year's voluntary NIC contributions is less than £800.  It's quite possible that paying for a pre-2016 year will gain you nothing in state pension.

I asked Ford to make up the difference any way that worked for them.  I lose £250 a year for every year of retirement because of this 'error' on the part of Ford.  They will be paying my occupational pension and could address it there but there are alternatives too.  It is notable that Ford has elected to pay unlimited sums to a city law firm rather than a modest amount of money to a former employee.  I put that down to Ford culture.  Its jaw dropping but par for the course with them. 

Thrugelmir

Did you ever join the Ford Motor Company pension scheme?