Employer forgot to put contracted BUPA cover in place

Goathorn1

I would be grateful for advice with the following situation please.

Under my employment contract of April 2018, my remuneration includes BUPA medical cover. However, after 20 months I discovered they had not put this in place. They then did establish from that time going forward. On the basis that they have under-remunerated me, I have requested compensation of the monetary equivalent (the annual premium prorata’d for 20 months. This equates to approx. £1.5k (I appreciate this would be tax able). They have refused.

They have made a saving by not paying the premiums and intend to pocket that for themselves, effectively rewarding themselves for their failure.

I will be made redundant at the end of this month, so will no longer have internal means to progress this with them.

What would be the proper legal route by which I can get them to pay this?

Thank You.

Thrugelmir

You've suffered no financial loss. 

dunstonh

On the basis that they have under-remunerated me, I have requested compensation of the monetary equivalent (the annual premium prorata’d for 20 months. This equates to approx. £1.5k (I appreciate this would be tax able). They have refused.

It seems quite right that they have refused.

What would be the proper legal route by which I can get them to pay this?

You have no legal entitlement.  What makes you think you do?

a) you dont pay for this cover

b) the mistake would have cost the employer had a claimable event occured.

So, the employer was taking on the risk and cost.   You are not out of pocket and have no basis for any refund of something you never paid in the first place.

lincroft1710

They were supposed to pay into a private health scheme but did not do so for a period of your employment. However they have corrected their error and you are now covered. They did not "under remunerate" you, you were not and are not entitled to the monetary value of the premiums.

SpiderLegs

Presumably you were not being taxed on this non-existent benefit?

-taff

I use to pay tax with my work provided health insurance. Best to check your P60.

Goathorn1

That's right, I was not being taxed for it.

Goathorn1

So they do reward themselves by getting to keep the financial gain they have made by not paying the premiums?

dunstonh

That's right, I was not being taxed for it.

At least that means you are not out of pocket.

So they do reward themselves by getting to keep the financial gain they have made by not paying the premiums?

Yes.  They got lucky.   That often happens with errors.  It doesn't always result in a cost to someone.  You got lucky by paying less tax.  They got lucky as you never suffered a claimable event that would have seen them have to cover the loss and they didn't need to pay the premium increase (if one - not all group scheme premiums increase because of a single employee)

Goathorn1

Thanks Dunston for your balanced perspective. 

MalMonroe

It was a perk of your job. Fortunately you didn't need any BUPA cover during the time they weren't paying for it. You've lost nothing at all and if you tried to make a big deal out of it you'd get nowhere.

I'm really sorry to hear that they are now making you redundant but you're on a hiding to nowhere with this one. BUPA isn't an entitlement, it's something that employers aren't forced to do, they do it as a perk, consider it a favour. You were lucky because not many employers do this now. You can't sue them for not 'compensating' you for the months you were omitted from the scheme. When they became aware of the omission, they put things right. But basically it's a gift, not a right.

Time to move onwards and upwards.