Company health ins. schemes - compulsary?

Xbigman

My employer uses the Westfield health insurance scheme. I decided to leave the scheme in 2004 but my employers have signed me back up from December 2011. I have asked to see HR about this but they passed it off to a line manager who told me it is company policy to put everyone in the scheme. As this creates a tax liability I would have thought they couldn't force me into it? Does anyone know what the legal position is?

As a secondary point, my date of birth and NI number and new address have been supplied to Westfield without my permission. Surely thats a breach of the data protection act?



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DVardysShadow

If you really don't want it, I suggest you write to Westfield, telling them that you do not want it and asking Westfield to delete your details, cease processing your data and inform who ever is paying. And write to your employer, thanking them for their concern and renouncing the policy and all benefits associated.

This should deal with the tax liability [I think]. But it may have the unintended consequence that you are up on a gross misconduct charge if ever you are sick and your recovery is delayed waiting for treatment.

ellieellieellie

Xbigman wrote: »

As a secondary point, my date of birth and NI number and new address have been supplied to Westfield without my permission. Surely thats a breach of the data protection act?

Not necessarily. If at any point you've given them permission to give Westfield your details for the purposes of obtaining health insurance, and you've never renounced that permission, there's no breach of the Data Protection Act.

However, under the Act, you can ask Westfield to tell you what information they have about you and destroy it, although I believe they can charge you an administration fee to cover the costs of doing so. If you don't want your employer to send your information again, tell them so in a signed, dated letter, and keep a copy.

Xbigman

Thanks. Just to clarify, its one of those HSA type schemes where you get a cash payment for things like glasses and dental bills. So there's no chance of any disciplinary issues.
I mentioned leaving the scheme in 2004. I still have the letter from 5/7/04 where I make it clear I'm leaving the scheme. I confirmed that Westfield had removed me in august 04. So thats already done.

I'm going to speak to Westfield when they return from their xmas break.




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frugaliciousnow

I'm a bit confused about why you don't wish to be in this scheme.

Are you being made to pay some of the costs of being in this scheme? If you aren't then you might as well stay in the scheme. If they ARE deducting money from you towards costs, then I can quite understand your concern.

Personally, I'd stay in the scheme if I were in your shoes. Unless they charged me for it - in which case I'd be looking up "unauthorised deductions from salary" to see if the cost comes under that.

LittleVoice

frugaliciousnow wrote: »

I'm a bit confused about why you don't wish to be in this scheme.

Are you being made to pay some of the costs of being in this scheme? If you aren't then you might as well stay in the scheme. If they ARE deducting money from you towards costs, then I can quite understand your concern.

Personally, I'd stay in the scheme if I were in your shoes. Unless they charged me for it - in which case I'd be looking up "unauthorised deductions from salary" to see if the cost comes under that.

Didn't the OP explain in #1 - it would be a taxable benefit. They wouldn't be paying directly but would end up with less because of the tax/(NI?) implications.

frugaliciousnow

In that case its back to the "look up unauthorised deductions" law and see what is covered by it.

anamenottaken

frugaliciousnow wrote: »

In that case its back to the "look up unauthorised deductions" law and see what is covered by it.

It's not necessarily a deduction - and doesn't appear to be the case for the OP.

It's a benefit in kind. Tax isn't an unauthorised deduction.

Xbigman

Correct, its not a deduction. Each year my P60 tax certificate lists a taxable benefit for company medical insurance, on which I would have paid about £37 tax in this tax year. Each year I get it removed.

Anyway, the plot thickens.
I called Westfield who have said they can't act on my instructions I need to see my employers. I queried some dates and was told that I had been in the Westfield scheme since 1999. There was then surprize expressed at the fact I'd never made a claim. Well thats because I'm not in it dear!!!
I also discovered the scheme changed in December but I wasn't told, so the welcome pack I have is for the new scheme, they thought I was in the old one and its a transfer.

I'm going to talk to HR again.





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