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Hi Members,

 

I have come back to this forum as I’ve been given some great advice a few years ago.

 

Unfortunately for all the wrong reasons i now require some expert minds, over the next few days this story will unfold but for the mean time I would like to ask a question.

 

My current contract states that quote:

 

8. OTHER BENEFITS

You shall be entitled to participate in the Company's private medical insurance scheme subject to:

a. the terms of that scheme, as amended from time to time;

b. the rules or insurance policy of the relevant insurance provider, as amended from time to time; and

c. you and your family (only children under the age of 18 years) satisfying the normal underwriting requirements of the relevant insurance provider and the premium being at a rate which the Company considers reasonable.

 

I have found out My company have not been paying for any medical healthcare, are they breaking any employment law by doing this?

I have come to understanding this as a fellow employee told me of a discussion he had with the FD, the FD told him to find a quote.

However, I have not been informed of this since my contract started back in January.

 

Thanks Guys

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Breach of contract. If your employment contract includes private medical cover as part of the package, then your employer has to enable this to be arranged and pay the premiums.

 

When i have had private cover as part of employment contract, you know that it has been arranged, as the Insurance company or healthcare provider write to you with full details of the cover and the schedule of insurance usually states it is an employment scheme with the employers you work for paying the premiums.


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Thank you uncle bulgaria67,

 

This may help me moving forward My company has suspended me, the reason unknown its difficult to give details but the short answer is they do not want me there.

 

I believe the HR adviser will be advising for a section 111a conversation,

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Hmmm. Not convinced about that advice. The clause has get out clauses! All they have to do is say that the "Company scheme" wasn't affordable so they ceased it. But if this is only for the purposes of a settlement agreement, then it doesn't matter. It only matters if you intended to try to enforce a claim of breach of contract.

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surely it would only be right to inform employees who had the package within their contract?

I was thinking of having this as extra ammo, if they would like to discuss section 111a surely this tells you that they have no case to discipline you, if they think they can offer a few quid to get me out then they can think again, however i realise once this process starts i do not have a job to go back to which is most disappointing.

Surely theirs no negotiations in section 111a they offer you except or else they find another way to get you out.

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Part 8.c is a get out clause but they would have to demonstrate the insurance cost is unreasonable.

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What may be deemed "right" and what the law says are seldom the same thing. The get out clause is there. Did you never ask about your insurance? Because it is normal to get a members pack when you join.

 

It has no relevance to whether they discipline you. Even if it were a breach of contract, it is an entirely separate matter. If you are going to be disciplined, the only matter of relevance is what for and what is your defence.

 

I'm not sure I understand the last question. They have suspended you. Presumably for something. And they will hold an investigation. Which may or may not lead to a disciplinary and may or may not lead to dismissal. What makes you think they even want to negotiate anything with you?

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Sorry its a very difficult subject that is complex in every way which is why i cannot explain all the details.

thanks for all your help though

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If you are trying to offset your suspension with a minor bugbear about insurance, you are in for a very long wait....

 

What are you trying to acheive?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Agree. In this situation, the OP should be seeking proper legal advice about their employment situation and not be thinking that a minor breach about Insurance is a gotcha moment that has come to their rescue,


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Just to make things clear, if i was to have a section 111a conversation the Figures would be taken into account .

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But, to be equally clear, by you maybe.

The employer doesn't need to take anything into account.

Assuming they are willing to pay to get rid of you, they can make an offer based on fairy toadstools and leprechaun gold.

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ifs and maybe's Thanks very contructive

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Just to make things clear, if i was to have a section 111a conversation the Figures would be taken into account .

 

But, to be equally clear, by you maybe. The employer doesn't need to take anything into account. Assuming they are willing to pay to get rid of you, they can make an offer based on fairy toadstools and leprechaun gold.

 

 

ifs and maybe's Thanks very contructive

 

What do you want of Sangie?

 

They don't know that the employer will make you an offer, hence the IF, and are pointing out that IF they do so, they don't have to include what you think they do.

I don't see how Sangie could reply otherwise, and their advice is accurate.

Just because it isn't what you want to hear doesn't mean it isn't constructive.

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As someone said in the first reply they have broken their contract, surely there' a slim chance they could backdate any money owed, this is at a cost of between £150 and £250 a month 8 months have past, its just a thought but in the locker so to speak

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My companys pmi is a taxable benefit of 567 pa as stated in my p11d. Just for cost comparison.

 

Whilst is is part of my perks, I have to opt in. It is not automatic.

 

Regards

 

C

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What do you want of Sangie?

 

They don't know that the employer will make you an offer, hence the IF, and are pointing out that IF they do so, they don't have to include what you think they do.

I don't see how Sangie could reply otherwise, and their advice is accurate.

Just because it isn't what you want to hear doesn't mean it isn't constructive.

 

 

Agree; another question you might want to ask is "I'm currently suspended, how can I persuade my employer to give me a payoff instead of just sacking me."

 

But, you would need to be a deal less cryptic!


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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As someone said in the first reply they have broken their contract, surely there' a slim chance they could backdate any money owed, this is at a cost of between £150 and £250 a month 8 months have past, its just a thought but in the locker so to speak

 

Actually, as everyone else has said - that first answer might be the one that you prefer, but (a) it may not in fact be anywhere near as clear cut and (b) it is irrelevant anyway. If you want specific answers, I find it is best if you tell us what answers you want so we don't waste time giving you the ones that are correct. But that's a handy piece of information thanks. You've worked there eight months, added to the fact that you are suspended and under investigation for something which you seem to believe will lead to your dismissal. If they are exceedingly generous, they might give you a couple of weeks pay. More likely they will kick you out the door - you can't claim unfair dismissal. They have absolutely no incentive to negotiate with you, and threats of breach of contract claims are more likely to result in your going through that door without a penny.

 

Anyway, with that warning I will leave you to your mess since you don't like accurate advice. Plenty of other thinks to do than hang out here waiting for you to throw your toys out the pram because you didn't like the truth.

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