Group Income Protection Insurance - does employer have a duty to inform me of limits to cover?

lassfarfromhome

KatrinaWaves said:

lassfarfromhome said:

lassfarfromhome said:

lassfarfromhome said:

AskAsk said:

lassfarfromhome said:

AskAsk said:

lassfarfromhome said:

AskAsk said:

lassfarfromhome said:

AskAsk said:

lassfarfromhome said:

AskAsk said:

from a point of law, if you are suing someone for negligence, misinformation, you need to prove that they were negligent.  in this case they had told you that you were entitled to the benefit.  you could have asked for details of the benefits, which you failed to do.  it wasn't a protected secret.  all you had to do was ask.  on that basis, this is what a judge would say to you if you took this case to court, he would say, "so didn't you ask?".

the cause of action wouldn't be negligence, but thanks

i am quoting negligence as an example.  it is all about being able to prove that someone did something wrong that resulted in a financial loss to you.  in this instance you can not prove that, so you have no case.

Thanks for your erudite legal advice

not advice, just my opinion.  if you still think you have a case then consult a solicitor as they will be able to give definite legal advice, but i personally think you do not have a case.

Exactly. you're opinion based on absolutely nothing but your own assumptions and non-existent understanding of the law and the ELS

but that is all you are going to get posting on here.  you won't be getting solicitors advising you for free on a discussion board.

If you don't know the answer it's better not to respond, than to say something that may be incorrect (which is what you have done).

speak to a solicitor then come back and say that i am incorrect.  you don't know this and you yourself are making your own assumptions about whether you have a case.

Um, no, I'm not making any assumptions about anything.  And it's not that you are incorrect as such, it's that your entire framing for your comments and attempt to place the question within the law is entirely misconceived.  You know nothing

AskAsk said:

lassfarfromhome said:

AskAsk said:

lassfarfromhome said:

AskAsk said:

lassfarfromhome said:

AskAsk said:

lassfarfromhome said:

AskAsk said:

from a point of law, if you are suing someone for negligence, misinformation, you need to prove that they were negligent.  in this case they had told you that you were entitled to the benefit.  you could have asked for details of the benefits, which you failed to do.  it wasn't a protected secret.  all you had to do was ask.  on that basis, this is what a judge would say to you if you took this case to court, he would say, "so didn't you ask?".

the cause of action wouldn't be negligence, but thanks

i am quoting negligence as an example.  it is all about being able to prove that someone did something wrong that resulted in a financial loss to you.  in this instance you can not prove that, so you have no case.

Thanks for your erudite legal advice

not advice, just my opinion.  if you still think you have a case then consult a solicitor as they will be able to give definite legal advice, but i personally think you do not have a case.

Exactly. you're opinion based on absolutely nothing but your own assumptions and non-existent understanding of the law and the ELS

but that is all you are going to get posting on here.  you won't be getting solicitors advising you for free on a discussion board.

If you don't know the answer it's better not to respond, than to say something that may be incorrect (which is what you have done).

speak to a solicitor then come back and say that i am incorrect.  you don't know this and you yourself are making your own assumptions about whether you have a case.

if you are already certain that you have a case, which you seem to be from your comments, then why bother asking other people's opinion on here?  why not just go straight to a claim against your employer if you are so sure.

I hope you at least got the point that not all judges are male

then use 'they'

Literally no point in your rudeness. I’m sure your employers were glad to see the back of you 

not really

Dox

lassfarfromhome said:

Dox said:

lassfarfromhome said:

Hi all, I'm three years into a claim on my employer's group income protection insurance. I don't know when/whether I'll be able to return to work and am concerned that there may be limits on the cover I have not been told about.  I'm intending to ask my employer for a copy of the policy wording and schedule so I can check.  But, should my employer have informed me about any limits on the cover when the claim was made?  Do they have a legal duty to do this?  I have checked and they sent me a letter about the insurance but no limits on the cover are mentioned.  Any help gratefully received.
(cross-posted to insurance forum)

The employer is only obliged to honour their contractual entitlements to you, not spell out every detail of any insurance policy they have taken out. 

You were posting about this back in July, but still haven't asked the employer for full details. Why not? You could have had peace of mind (or at least certainty) for the last 3 months or so. Ask them - you need to know.

Thanks, I've come to the conclusion I'll have to ask them.  I didn't want to alert them to the possibility I won't be coming back, but I think that ship has sailed.

I think they might already be alert to that possibility, but even if they are, it won't alter the terms of the insurance or any entitlements you have under the policy. If an employer dismisses an employee purely with the intention of depriving the employee of benefits under an income protection scheme (potentially saving the employer on future premiums for such a policy), the employee may well have a claim against the employer. 

One of things you might like to check is exactly how employer and employee workplace pension contributions are being treated, unless you already know for certain. That might be a subtle way to enquire further if you're really bothered.

lassfarfromhome

Dox said:

lassfarfromhome said:

Dox said:

lassfarfromhome said:

Hi all, I'm three years into a claim on my employer's group income protection insurance. I don't know when/whether I'll be able to return to work and am concerned that there may be limits on the cover I have not been told about.  I'm intending to ask my employer for a copy of the policy wording and schedule so I can check.  But, should my employer have informed me about any limits on the cover when the claim was made?  Do they have a legal duty to do this?  I have checked and they sent me a letter about the insurance but no limits on the cover are mentioned.  Any help gratefully received.
(cross-posted to insurance forum)

The employer is only obliged to honour their contractual entitlements to you, not spell out every detail of any insurance policy they have taken out. 

You were posting about this back in July, but still haven't asked the employer for full details. Why not? You could have had peace of mind (or at least certainty) for the last 3 months or so. Ask them - you need to know.

Thanks, I've come to the conclusion I'll have to ask them.  I didn't want to alert them to the possibility I won't be coming back, but I think that ship has sailed.

I think they might already be alert to that possibility, but even if they are, it won't alter the terms of the insurance or any entitlements you have under the policy. If an employer dismisses an employee purely with the intention of depriving the employee of benefits under an income protection scheme (potentially saving the employer on future premiums for such a policy), the employee may well have a claim against the employer. 

One of things you might like to check is exactly how employer and employee workplace pension contributions are being treated, unless you already know for certain. That might be a subtle way to enquire further if you're really bothered.

Thanks, this is helpful.  I'm not really worried about them dismissing me (I know them, and they wouldn't do that whilst I'm relying on the insurance), more that there could be a financial or time limit on my receipt of the insurance and that, since they haven't told me about any limits, they could spring it on me out of the blue which would not be ideal from a financial perspective.  I know that the insurers are sending my employers an amount every month and that that amount includes both employer and employee contributions to the pension scheme- my employers then pay me as normal through their payroll.  Is that what you mean?  I'm not sure what that tells me?  Thanks for your help.

Dox

lassfarfromhome said:

Dox said:

lassfarfromhome said:

Dox said:

lassfarfromhome said:

Hi all, I'm three years into a claim on my employer's group income protection insurance. I don't know when/whether I'll be able to return to work and am concerned that there may be limits on the cover I have not been told about.  I'm intending to ask my employer for a copy of the policy wording and schedule so I can check.  But, should my employer have informed me about any limits on the cover when the claim was made?  Do they have a legal duty to do this?  I have checked and they sent me a letter about the insurance but no limits on the cover are mentioned.  Any help gratefully received.
(cross-posted to insurance forum)

The employer is only obliged to honour their contractual entitlements to you, not spell out every detail of any insurance policy they have taken out. 

You were posting about this back in July, but still haven't asked the employer for full details. Why not? You could have had peace of mind (or at least certainty) for the last 3 months or so. Ask them - you need to know.

Thanks, I've come to the conclusion I'll have to ask them.  I didn't want to alert them to the possibility I won't be coming back, but I think that ship has sailed.

I think they might already be alert to that possibility, but even if they are, it won't alter the terms of the insurance or any entitlements you have under the policy. If an employer dismisses an employee purely with the intention of depriving the employee of benefits under an income protection scheme (potentially saving the employer on future premiums for such a policy), the employee may well have a claim against the employer. 

One of things you might like to check is exactly how employer and employee workplace pension contributions are being treated, unless you already know for certain. That might be a subtle way to enquire further if you're really bothered.

I know that the insurers are sending my employers an amount every month and that that amount includes both employer and employee contributions to the pension scheme- my employers then pay me as normal through their payroll.  Is that what you mean?  I'm not sure what that tells me?  Thanks for your help.

It certainly confirms you have pension benefits building up, which is good news. Income protection policies + any state benefits usually total well under 'normal earnings' to ensure the individual on sick leave has some (financial) motivation to get better and return to work, if possible. Do you know what level of your previous normal earnings the pension contributions are based on? 

lassfarfromhome

Dox said:

lassfarfromhome said:

Dox said:

lassfarfromhome said:

Dox said:

lassfarfromhome said:

Hi all, I'm three years into a claim on my employer's group income protection insurance. I don't know when/whether I'll be able to return to work and am concerned that there may be limits on the cover I have not been told about.  I'm intending to ask my employer for a copy of the policy wording and schedule so I can check.  But, should my employer have informed me about any limits on the cover when the claim was made?  Do they have a legal duty to do this?  I have checked and they sent me a letter about the insurance but no limits on the cover are mentioned.  Any help gratefully received.
(cross-posted to insurance forum)

The employer is only obliged to honour their contractual entitlements to you, not spell out every detail of any insurance policy they have taken out. 

You were posting about this back in July, but still haven't asked the employer for full details. Why not? You could have had peace of mind (or at least certainty) for the last 3 months or so. Ask them - you need to know.

Thanks, I've come to the conclusion I'll have to ask them.  I didn't want to alert them to the possibility I won't be coming back, but I think that ship has sailed.

I think they might already be alert to that possibility, but even if they are, it won't alter the terms of the insurance or any entitlements you have under the policy. If an employer dismisses an employee purely with the intention of depriving the employee of benefits under an income protection scheme (potentially saving the employer on future premiums for such a policy), the employee may well have a claim against the employer. 

One of things you might like to check is exactly how employer and employee workplace pension contributions are being treated, unless you already know for certain. That might be a subtle way to enquire further if you're really bothered.

I know that the insurers are sending my employers an amount every month and that that amount includes both employer and employee contributions to the pension scheme- my employers then pay me as normal through their payroll.  Is that what you mean?  I'm not sure what that tells me?  Thanks for your help.

It certainly confirms you have pension benefits building up, which is good news. Income protection policies + any state benefits usually total well under 'normal earnings' to ensure the individual on sick leave has some (financial) motivation to get better and return to work, if possible. Do you know what level of your previous normal earnings the pension contributions are based on? 

Yes, it's 75% of my earnings pre-illness.  ESA is deducted, but I get that from the DWP (Support group).  In total, it's a good amount, and well over what I need to live on.  I'm taking a substantial hit from my salary before I got ill, but it doesn't affect my quality of life.  I've been very lucky.  My employer is very supportive and generous, and I suspect they would not have sought to limit cover too much to save on the premiums.