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what can they do

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  • dave030445
    dave030445 Posts: 1,001 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Income ESA is the better one to be on as i thought.
  • SueC_2
    SueC_2 Posts: 1,674 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    dave030445 wrote: »
    why is the company trying to push me to take it. And not like other people have said and let me go.

    Maybe they're just good, honourable, people who want to do right by someone who was a loyal employee for 11 years before falling on hard times?

    It would be nice to think so and have our faith in 'good' employers restored after all the negative things we read on these boards.
  • dave030445
    dave030445 Posts: 1,001 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    SueC wrote: »
    Maybe they're just good, honourable, people who want to do right by someone who was a loyal employee for 11 years before falling on hard times?

    It would be nice to think so and have our faith in 'good' employers restored after all the negative things we read on these boards.
    Are there such people :rotfl::rotfl:lets hope so
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    dave030445 wrote: »
    I was placed on the income ESA because i didnt have enoght money coming in to live on. .

    In that case you should have an underlying entitlement to contributory ESA.

    This could become important if the extended sick pay from your employer means that you are no longer entitled to means tested benefits. Although given the governments stated intention that contributory ESA will only be paid for one year, this does become less of an issue.

    Your employer wants to pay you this money because you are entitled to it under the terms and conditions of your employment. There can be no other reason. It is a complete mystery to me why it has taken 2.5 years to pay out. Maybe that is the terms of the scheme. You can only know that by asking for a copy of the scheme rules. But the fact is that if you are receiving that money from your employer, it is yours. No-one can take it away (unless you recover enough to return to work, or until you retire). In my book that is much better than relying on state benefits of any description, which can be taken away or reduced at any time - as we are now seeing.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • dave030445
    dave030445 Posts: 1,001 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    edited 28 October 2010 at 2:59PM
    In that case you should have an underlying entitlement to contributory ESA.

    This could become important if the extended sick pay from your employer means that you are no longer entitled to means tested benefits. Although given the governments stated intention that contributory ESA will only be paid for one year, this does become less of an issue.

    Your employer wants to pay you this money because you are entitled to it under the terms and conditions of your employment. There can be no other reason. It is a complete mystery to me why it has taken 2.5 years to pay out. Maybe that is the terms of the scheme. You can only know that by asking for a copy of the scheme rules. But the fact is that if you are receiving that money from your employer, it is yours. No-one can take it away (unless you recover enough to return to work, or until you retire). In my book that is much better than relying on state benefits of any description, which can be taken away or reduced at any time - as we are now seeing.
    Ok thanks lets hope i qualify now. They did say that if i qualify they will keep my job open for me. A nd if i fail to qualify then they will cease my employment.
  • dave030445
    dave030445 Posts: 1,001 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    lets hope we will be able to get some top up benifits cause cant see how we can make ends meet if we dont. May have to stay as we are.
  • dave030445
    dave030445 Posts: 1,001 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    .
    Hi had a email from HR saying that I was told about this insurants policy when I had been off for 6 months and I send I dint want it and they are now saying that too much time has gone and iam not entitled to it any more.
    And RE holiday pay they said because ive been off for the whole year iam not entitled to that either
  • dave030445 wrote: »
    .
    Hi had a email from HR saying that I was told about this insurants policy when I had been off for 6 months and I send I dint want it and they are now saying that too much time has gone and iam not entitled to it any more.
    And RE holiday pay they said because ive been off for the whole year iam not entitled to that either

    Devestating, I would ask them to prove you recieved information regarding the insurance plan, something like the proof of postage etc

    I am still not sure they are correct regarding holiday pay, have you spoken to ACAS and asked them to show you the relevant information to claim any holiday you are due.
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
  • dave030445
    dave030445 Posts: 1,001 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    edited 1 November 2010 at 8:50PM
    Devestating, I would ask them to prove you recieved information regarding the insurance plan, something like the proof of postage etc

    I am still not sure they are correct regarding holiday pay, have you spoken to ACAS and asked them to show you the relevant information to claim any holiday you are due.
    Hi sorry whos ACAS
    RE the insurance plan they said that 2 ladies in the office remember talking about it and sending it out
  • dave030445 wrote: »
    Hi sorry whos ACAS
    RE the insurance plan they said that 2 ladies in the office remember talking about it and sending it out

    That's not really proof though, ask them to prove they sent you the forms.

    google ACAS, they are an online advice centre for employment issues, not perfect but they are free.
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
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