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Not been paid employer pension contributions on PILON

wolvoman
Posts: 1,178 Forumite


I've recently been made redundant and been paid in lieu of notice as I left immediately. There is no provision or clause in my employment contract for PILON.
My employer (ex-employer now) has not made any employer pension contributions on the PILON amount (nor indeed have they deducted any employee contributions either).
On reading the ACAS website I found this:
It might say in the person's contract what the payment should be, for example if they should get any work benefits they'd normally get, such as pension contributions.
An employer can still offer payment in lieu of notice if it's not in the contract. It should be agreed between the employer and employee in writing.
When it's not in the contract, it's a good idea for the employer to offer full pay including any usual work benefits. If the employer does not do this it could be seen as a breach of contract.
That last line suggests I should have received employer pension contributions for the pay in lieu of notice. Does anybody have experience of this?
My employer (ex-employer now) has not made any employer pension contributions on the PILON amount (nor indeed have they deducted any employee contributions either).
On reading the ACAS website I found this:
It might say in the person's contract what the payment should be, for example if they should get any work benefits they'd normally get, such as pension contributions.
An employer can still offer payment in lieu of notice if it's not in the contract. It should be agreed between the employer and employee in writing.
When it's not in the contract, it's a good idea for the employer to offer full pay including any usual work benefits. If the employer does not do this it could be seen as a breach of contract.
That last line suggests I should have received employer pension contributions for the pay in lieu of notice. Does anybody have experience of this?
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Comments
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Have they confirmed no employers contribution will be made?0
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I was in this position when i was made redundant at the end of June
I questioned this with my solicitor and he said that he wouldnt have expected any pension contributions to be paid on any PILON payment so i didnt persue it0 -
I am also in the same position, I contacted ACAS for clarification but they couldn’t give me a definitive answer so they referred me to the DWP. The DWP thought there was nothing in statute about this but would not say I was not entitled to it, was advised to liaise with Employer then further with the Pension Regulator. I was hoping to contact Martin Lewis about this but couldn’t figure out how to do this as I believe employees are thrown under the bus then having their pockets picked while they are there!
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BTW should furloughed pay qualify for employer contributions?0
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3card said:I was in this position when i was made redundant at the end of June
I questioned this with my solicitor and he said that he wouldnt have expected any pension contributions to be paid on any PILON payment so i didnt persue it
I have nothing in my contract mentioning PILON.
It seems unfair that my ex employer can avoid paying some contractual benefits by terminating a contract early with no provision for such an early termination.0 -
wolvoman said:3card said:I was in this position when i was made redundant at the end of June
I questioned this with my solicitor and he said that he wouldnt have expected any pension contributions to be paid on any PILON payment so i didnt persue it
I have nothing in my contract mentioning PILON.
It seems unfair that my ex employer can avoid paying some contractual benefits by terminating a contract early with no provision for such an early termination.
I agree that the ex employer shouldnt be allowed to avoid contractual benefits when they have broken the contract0
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