Advice was provided to two leading associated companies that specialised in product and packaging for well-known UK businesses together with a household chocolate manufacturer in relation to a possible fraud concerning pension contributions by an agency they both utilised.
Through an internal investigation that was triggered by employee concerns, the clients became aware of a possible large scale fraud against them that had been ongoing for many years. Pension contribution payments had been made to a third-party agency, but it transpired the contributions had not been passed onto the workers. Instead, it appeared they had been “pocketed” by the agency. Our client’s aim was not to recover money, instead it was to ensure their workers received the anticipated pension contributions that would benefit them later in life.
We worked collaboratively with the clients to understand their aims and objectives. After assessing the evidence obtained, analysing the legal position and agreeing on next steps, we put in place a strategy to ensure full visibility would be obtained of any potential wrongdoing. After agreeing upon a robust approach that brought the third-party agency to the negotiating table, an agreement was reached that meant full visibility would be provided of any wrong doing, the affected workers would be “made whole” and the agency would self-report to the pension regulator.
The end result; the clients had achieved their objective and the workers were protected.