Workplace Benefits Not Provided

[lola84]

Hi there.

 

I'm hoping for a bit of advice on where I stand with regard to workplace benefits promised to me but not provided.

 

When I started working for my new employer in February 2013 I was promised enrollment into the one of the company benefit schemes if I achieved a certain target.

 

I met the target in early July and had a meeting with both of my bosses (the company MD and the HR boss) who confirmed that I would now be enrolled with immediate effect. This was put in writing and I completed the application forms for the scheme that afternoon.

 

I thought no more of it until this month when I had a need to potentially use the cover. I spoke to the MD about details of the cover and he directed me to the scheme administrators for further information.

 

The scheme admin responded to my enquiry this week to advise they have no idea who I am - as it turns out the HR boss never bothered submitting my application, as he thought it was 'unaffordable for the company' to provide me with cover despite being present in both meetings where it was all agreed. Neither myself or the MD were informed of this decision.

 

So now I have no cover (and have missed out on 8 months of a benefit I was promised in writing) and am faced with paying the full expenses myself without any help.

 

The MD has promised the cover will be in force by the end of February but that won't be of any help to me. I'm not really sure what I'm asking other than do I have any rights in this instance to expect them to compensate me for the benefit not provided?

 

Many thanks for any advice you can give.

 

Lola

[Sidewinder]

At this stage, your only real course of action would be a formal grievance into the actions of the company in making a written agreement to provide a benefit, and for failing to provide it. There may be a potential breach of contract claim depending on any losses caused by that breach, but without knowing further details it is difficult to say. Certainly any loss should be outlined in the grievance with a suggestion that in the light of the company having agreed to provide cover in advance you feel that they should consider meeting the cost of whatever you have incurred?