Missing employer pension contribution on final payslip

Blownalot68

Hi

I left my employer in mid-February (and my P45 was issued at that stage). In March I received payment for amounts that they had failed to pay me in February. When checking my payslip I noticed that not only did they not deduct my employee pension contribution in March but they also failed to make any employer contribution. I questioned them and they claim that as my employment terminated in February no contribution is due on the payment made in March.

Does anyone know if this is the correct treatment as it strikes me that this is a way for them to save on having to make the employer contributions that would have been due had they got my February salary correct in the first place.

Thanks in advance.

artyboy

They are paying you for time that you worked. The fact that it was in arrears is not your problem. This smells like total BS to me, but I'll defer to any legal experts for the technical answer.

How much are we talking about, by the way? Hills to die on and all that…

QrizB

When you say:

I received payment for amounts that they had failed to pay me in February.

Are these "amounts" for things that you would normally expect to be pensionable?

Some employers might for example pay allowances (car allowance shift allowance, unsocial hours etc.) on top of the base salary and only the salary is pensionable. Is this at all relevant to you?

Blownalot68

The amount is indeed minimal, but this is part of a bigger issue.

The whole process of termination has been a farce. In summary, I gave them the required notice to end my employment. They then terminated me before the end of my notice period (which they have finally admitted was their mistake after they had originally tried justifying with a false reason for doing so!). As a result of this incorrect early termination they removed access to my benefits earlier than they should have done.

Blownalot68

https://forums.moneysavingexpert.com/discussion/comment/81930529#Comment_81930529

Yes, these amounts were for hours worked that they hadn't included in my February payslip and annual leave accrued but not taken at the date of leaving. No allowances or no post termination settlement was included in the March payment.

ali_bear

Write a letter to them stating the facts as you see them clearly and without exaggeration or emotion. Send it as a signed-for delivery. State your case and request redress.

Marcon

https://forums.moneysavingexpert.com/discussion/comment/81930659#Comment_81930659

Very sensible way to proceed but email is fine. I'd include more than one recipient and ask for an acknowledgement of safe receipt - chase if you don't get one within a few days of sending.

penners324

TThe Hours worked is pensionable, the annual is not.

Blownalot68

https://forums.moneysavingexpert.com/discussion/comment/81930659#Comment_81930659

Hi, I had emailed them previously re this and thats when they replied saying "As you left on 14/02 no pension contribution will be deducted on future payslips as it's after your leaving date."

ali_bear

There's nothing to actually stop them paying into your pension scheme even if you are off the payroll.

If the process has left you out of pocket then you may have a potential legal claim against them. So if you can work out exactly how much they should have paid you either directly or into the pension. Simply request they put it right.

It does sound like they have tried to pull a fast one by terminating you early. But I'm not an expert in employment law. Actually this does sound like more of an employment law matter.

QrizB

OP are you in a trade union or a member of a professional organisation? Both would be places to seek legal advice.

Or there's your local CAB.