Redundancy at 55 - missed early pension

Thrugelmir

Brynsam wrote: »

If the employer's representative repeatedly assured her that her pension would not be affected by her redundancy,

What question was asked though? Answers given need to be into context.

KennyScout

thanks for the reply. I think we're converging on the (non) answer. Given the amounts involved and the distress caused I think it's worth a go pushing this further along the lines of your suggestions. Any recommendations how to do this?

Brynsam

Yes: via TPAS. This is meat and drink to them. Free, impartial help: https://www.pensionsadvisoryservice.org.uk

Silvertabby

Brynsam wrote: »

Yes: via TPAS. This is meat and drink to them. Free, impartial help: https://www.pensionsadvisoryservice.org.uk

TPAS do have a complaints procedure - but it's not a calculation error that is the problem here, it's the belief that OP's wife was told that her pension wouldn't be adversely affected by her redundancy - which is open to interpretation and 'he said / she said'.

By all means run this past TPAS, but only after asking the employer if they would consider changing the official retirement date. Unfortunately, I fear that this won't happen due to the employer costs that would be involved. The employer cost calculation is extremely complex, but 'lick finger and stick it in the air' very rough starting estimate would be the difference between the reduced and unreduced pension x 20 (plus the difference between any automatic lump sum x 1). And the employer won't pay that if they don't have to.

Brynsam

Silvertabby wrote: »

it's not a calculation error that is the problem here, it's the belief that OP's wife was told that her pension wouldn't be adversely affected by her redundancy - which is open to interpretation and 'he said / she said'.

Absolutely agree - and I am so hoping that there is something in writing to confirm what was said. Even if there isn't, many a case decided by the Pensions Ombudsman has hinged on likelihood/probabilities and whether everything was done correctly. Has to be worth a go.

squirrelpie

I'm no expert on the subject but I'd like to make a couple of suggestions for consideration:


(1) Start by writing a list of all the conversations and dates, whether they were in writing, over the phone or in person. Note all the salient points.



(2) Consider contacting the employer in writing and invoking their formal grievance procedure, and include in the letter all of the facts that she wants to establish that are not already in writing.


I also note that https://www.gov.uk/redundant-your-rights/notice-periods says:


"Your employer may still offer you payment in lieu of notice, even if your contract doesn’t mention it. If you accept, you should receive full pay and any extras that are in your contract."


So things may not be quite as gloomy as they have seemed.

Brynsam

squirrelpie wrote: »

I'm no expert on the subject but I'd like to make a couple of suggestions for consideration:


(1) Start by writing a list of all the conversations and dates, whether they were in writing, over the phone or in person. Note all the salient points.

(2) Consider contacting the employer in writing and invoking their formal grievance procedure, and include in the letter all of the facts that she wants to establish that are not already in writing.

A chronology of events is hugely valuable, but I fear someone who was finding a situation too stressful to cope with probably wasn't making neatly documented notes of each conversation. Certainly worth pulling together all the correspondence.

The grievance procedure is for employees - and this is an ex-employee, so it may not get her too far. Pension schemes are required to have something called an Internal Dispute Resolution Procedure, but that doesn't extend to complaints against the employer - and this is clearly a complaint against the employer.

KennyScout

Thanks everyone for their inputs. We put together an argument and the union has agreed to help use raise a complaint based on both the ambiguity of her end of contract date (given she requested to leave and not to terminate her contract) and that PILON was offered without any provision for it in her contract. We know it's a long shot, but worth investigating. I might go quietfor a while on here, but I will be sure to update all when the process is over!

KennyScout

Just an update and thanks to you all for your help. We raised a complaint with the company with the support of union (opening an EC) stating no contractual basis for PILON, and requested that the leave be corrected, and we were happy to hear that the company has agreed and corrected the leave date with the pension company! A great result for us!

Silvertabby

KennyScout wrote: »

Just an update and thanks to you all for your help. We raised a complaint with the company with the support of union (opening an EC) stating no contractual basis for PILON, and requested that the leave be corrected, and we were happy to hear that the company has agreed and corrected the leave date with the pension company! A great result for us!

What a great result ! Well done, and my best wishes to both of you.