Where is the best place to post about a company policy PHI claim?

Anoneemoose

sangie595 wrote: »

On my way to hospital appointment. Don't accept yet. I'll explain later

Thank you! Good luck with your appt.

sangie595

Anoneemoose wrote: »

Thank you! Good luck with your appt.

Back now. Barring sudden illness now all clear for surgery on Tuesday.

Right. I am recommending you go back to your union. Because this is not a one time offer. It is a one time con, and I want to know what they are up to.

Leave the amount of payments aside for now.

Here is what the law says. If someone is dismissed on capability grounds for sickness, they are entitled to notice with FULL PAY, even if their pay is currently zero due to sick pay having run out; provided that their contractual notice pay is not a week or more longer than their statutory notice. You have worked for your employer for 13 years, so statutory notice for you is the maximum of 12 weeks. Is your contractual notice more than three months? No? Didn't think so. In which case, if you sit there and make them sack you, you are entitled by law to 12 weeks full pay, plus accrued holiday pay. Now, how is that generous "one time" offer looking in comparison to what you are entitled to anyway? Erm, exactly the same????

So, in order to have you resign they have offered you what you would get anyway if they dismiss you! So my question is why do they want to get you to resign? There is no benefit to you in doing so. And there appears to be no benefit to them either. So the benefit is something not obvious. First I'd want to know what they are up to. And if they want me to resign I'd want more than I would get anyway!

Now, the amount is, to be honest, a grey area, but I think it is reasonable that they consider your pay to be that which you last had. If this were a redundancy, that would be the case. As soon as your pay reduces, if only for a week, it becomes the pay that is used for the calculations. You may wish to consider this when looking at what you might offer for your resignation - full pay might be a reasonable ask. But NOT until you are 100% clear about what they are up to. Because this may cease your PHI claim, and why would you do that for nothing more than you are entitled to anyway?

And could the employer and the insurer be in cahoots here? Of course they could. They both benefit by you not getting that money. Because in four years time, when your PHI payments ruin out, that employer still had to offer you this package to sack you!

I see why you don't trust them!

Anoneemoose

sangie595 wrote: »

Back now. Barring sudden illness now all clear for surgery on Tuesday.

Right. I am recommending you go back to your union. Because this is not a one time offer. It is a one time con, and I want to know what they are up to.

Leave the amount of payments aside for now.

Here is what the law says. If someone is dismissed on capability grounds for sickness, they are entitled to notice with FULL PAY, even if their pay is currently zero due to sick pay having run out; provided that their contractual notice pay is not a week or more longer than their statutory notice. You have worked for your employer for 13 years, so statutory notice for you is the maximum of 12 weeks. Is your contractual notice more than three months? No? Didn't think so. In which case, if you sit there and make them sack you, you are entitled by law to 12 weeks full pay, plus accrued holiday pay. Now, how is that generous "one time" offer looking in comparison to what you are entitled to anyway? Erm, exactly the same????

So, in order to have you resign they have offered you what you would get anyway if they dismiss you! So my question is why do they want to get you to resign? There is no benefit to you in doing so. And there appears to be no benefit to them either. So the benefit is something not obvious. First I'd want to know what they are up to. And if they want me to resign I'd want more than I would get anyway!

Now, the amount is, to be honest, a grey area, but I think it is reasonable that they consider your pay to be that which you last had. If this were a redundancy, that would be the case. As soon as your pay reduces, if only for a week, it becomes the pay that is used for the calculations. You may wish to consider this when looking at what you might offer for your resignation - full pay might be a reasonable ask. But NOT until you are 100% clear about what they are up to. Because this may cease your PHI claim, and why would you do that for nothing more than you are entitled to anyway?

And could the employer and the insurer be in cahoots here? Of course they could. They both benefit by you not getting that money. Because in four years time, when your PHI payments ruin out, that employer still had to offer you this package to sack you!

I see why you don't trust them!

I did wonder about them being in cahoots with each other and it does seem extremely coincidental that this has happened the day after yesterday's 'info' to say it had been decided.

I see what you say about the amounts, however, they have calculated it as 12 weeks notice pay, accrued hol pay AND a lump sum of £2000 on top of that. Bearing in mind me only being 'entitled' to the notice and holiday pay, it did seem like it was a decent offer. However, my curiousity about why this has happened all of a sudden did make me suspicious.

As I see it, if I refuse this offer, I could be down the lump sum and may only end up with what I am 'entitled to', particularly if the PHI claim is declined.

I fear I will never know the outcome of the PHI claim. As I said, my TL seems to think I won't get to know, she also thinks it will once again be declined. Maybe she has been told to say that. I really don't know what to do.

Anoneemoose

Also, I think I'll have to 'suck it up' re: the lower salary, which is annoying considering the carp they put me through in trying to reduce my hours. And I asked for a permanent change, but they wouldn't allow it.

sangie595

At this point I can't really tell you what to do. These decisions are personal. I would be tempted, but this is only a suggestion, to go back and say you will accept the offer IF based on your full salary and not the reduced amount. And that is a one time offer and they have 48 hours to agree! But my suggestion is based on the fact that I don't think you want to walk away the loser, but you also want this over. If I am wrong, say so. You can go back tomorrow and say that. The ball is them in their court...

sangie595

Ps. Your team leader is clueless. If they decline, you are the sort who will take it further. That's obvious. So ignore what they think! You already know they are useless, so why start believing them now?

Anoneemoose

I think I'm inclined to take the money and run. If I can 'insist' on them paying the higher pay rate somehow, they'll possibly withdraw the 'extra' £2000, meaning I'll end up in the same position anyway as the difference would roughly be that.

I did point out I was extremely disappointed at only being paid at my lower hours rate of pay, especially as they made me fight to get it and insisted it was only temporary. AND that when I asked them to reinstate the original 25 hours while I was off sick, they refused. Had me over a barrel!

You're right about me being one to fight. I don't normally back down if I think they're extracting the urine..but it is a pain to try and work out if this is a battle worth fighting.

Anoneemoose

I've also just re read all the emails I have from when I requested to go back to my contractual hours and the fact they wouldn't let me until I returned to work, yet at the same time insisting they wouldn't allow the reduction in hours to be a permanent change. Grrr!

sangie595

Sorry. I am stuck now, but you know that. It has to be your decision at this point. Whatever you decide has to be right for you. But good luck anyway.

Anoneemoose

You're right, I will have to decide! :undecided

I spoke to ACAS last night but they were useless. I am going to phone the union lady today, to see if I can get advice. The lady I have dealt with in the past is often difficult to get hold of, which isn't great when you're 'on the clock'!