Redundancy-long term sick- UNUM help?

[isitover]

Hello all,

 

I'm so sorry if this is all over - its very complicated - i do forget things so if something is not making sence please ask/tell me so i can explain

I am on long term sick and have been covered by the workplace policy for PHI with UNUM. (i have been employed since 2005)

As the policy is with my employer i can not get any information direct from UNUM, i have to speak to my "line manager"

The situation that has now occurred is...

 

The business site where my work is based is closing with over 500 people being made redundant.

I am still awaiting to be told officially about this, my income will cease end of June. No one can give me information about what is happening. I was told i was not included in collective consultations due to not having my address or phone number on system (i receive a pay slip every month, so they do have it) - they got in touch with me via a work friend and facebook.

 

From what has been hinted at via emails - the PHI scheme will not cover redundancy so i will not be entitled to any pay out (ive read about sat redundancy and i would qualify for this)

 

I suffer with depression and anxiety - obviously the situation is not helping me

While i am gutted for all my work collages who are in the horrible situation (lots have already left and in new jobs, yey!) I just feel totally pushed aside and going to find out last minute that my life has totally hit the fan

 

can some one please help with these questions

1. should I of been contacted to be included with the 90 day consultation (i read something about they consult with reps, would that be reason that they did consult i just couldn't get hold of?)

2. as i have been employed for 8years my minimum notice would be 8weeks, this date has now passed - what does this mean?

3. can the refuse to give me the enhanced redundancy as i am on PHI

4. Holiday entitlement - do they have to pay me for all unused holidays or because im on PHI i am not entitled?

5. i can not remember signing anything to say they t&c's of my contract had changed when on the PHI scheme, so can i lose out on my benefits

 

Im so sorry i have a million and one questions but im so stuck.

If any more information is needed im willing to give it, thanks for reading x

[isitover]

anyone?? x

[becky2585]

What are you off sick with and how long have you been off?

[isitover]

What are you off sick with and how long have you been off?

 

Hello and thank you for your reply. I have depression and anxiety - I have been off since 2009.

[steampowered]

Do not rely on hearsay. You are being paid by UNUM under the terms and conditions of your insurance policy, not by your employer. Check the T&Cs of your policy (http://unum.co.uk/downloads/) and contact UNUM if unsure.

[isitover]

Do not rely on hearsay. You are being paid by UNUM under the terms and conditions of your insurance policy, not by your employer. Check the T&Cs of your policy (//unum.co.uk/dow nloads/[/url]) and contact UNUM if unsure.

 

Hello and thanks for your input.

The policy was taken out by my employer - I cant ask UNUM as they refer me back to my line manager (who says she is chasing the information).

The cover ends when my employment ends, as the site is closing my employment is ending too.

[steampowered]

Hello and thanks for your input.

The policy was taken out by my employer - I cant ask UNUM as they refer me back to my line manager (who says she is chasing the information).

The cover ends when my employment ends, as the site is closing my employment is ending too.

 

When did they say this? It sounds very odd they won't speak to someone getting paid under the policy for a number of years.

[isitover]

When did they say this? It sounds very odd they won't speak to someone getting paid under the policy for a number of years.

 

UNUM say they cant discuss anything with me as I am not the policy holder.

I have even tried to contact unum via email for a"general question"

[steampowered]

I am not entirely sure which T&Cs apply to your exact policy as there are multiple sets on the website. Assuming you have the Group Income Protection Policy under the latest set of T&Cs, (http://resources.unum.co.uk/downloads/Policy_Conditions_GIPPOL_ALL_112012_web.pdf?2db98667-4835-6a94-a22c-e6c426ea374f), it seems that you will not get payment under clause 7.7.1 (b) as payments stop if you cease to be an employee. However under clause 8.4 if the policyholder (i.e. employer) ceases to carry on business entirely you would still be entitled to basic benefit despite non-payment of premiums.

 

If you are on long-term sick leave you are still entitled to a redundancy payment from the employer. If the proper consultation procedures are not followed then (perhaps) it could be unfair dismissal entitling you to a higher payout (can't speculate on this until it has actually happened). Arguably it can be unfair dismissal if the redundancy is wrongful due to failure to take account of the effect on PHI, but there is conflicting case law on this and unlikely to aplpy if everyone at the business site is being amde redundant.

[isitover]

I am not entirely sure which T&Cs apply to your exact policy as there are multiple sets on the website. Assuming you have the Group Income Protection Policy under the latest set of T&Cs, ([resources.unum.co.uk/downloads/Policy_Conditions_GIPPOL_ALL_112012_web.pdf?2db98667-4835-6a94-a22c-e6c426ea374f[/url]), it seems that you will not get payment under clause 7.7.1 (b) as payments stop if you cease to be an employee. However under clause 8.4 if the policyholder (i.e. employer) ceases to carry on business entirely you would still be entitled to basic benefit despite non-payment of premiums.

 

If you are on long-term sick leave you are still entitled to a redundancy payment from the employer. If the proper consultation procedures are not followed then (perhaps) it could be unfair dismissal entitling you to a higher payout (can't speculate on this until it has actually happened). Arguably it can be unfair dismissal if the redundancy is wrongful due to failure to take account of the effect on PHI, but there is conflicting case law on this and unlikely to aplpy if everyone at the business site is being amde redundant.

 

Thank you so much for replying.

 

I have asked the line manager questions and they remain unanswered but from the information you gave me has shed a little light (i need to read read and read again for it to sink in).

This is how i have read the above.

 

From my understanding, only the site where i was employed is closing. (other sites are still open). I don't think it is wrongful as the site will not be there and it would be imposable for me to travel to other sites as they are over 200 miles away.

 

I would be entitled to redundancy, would this be the enhanced or statutory?

 

how can i find out if correct consultation procedures have been carried out?

 

I really am appreciative of your time, i feel like i am finally getting my head around things