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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6390
Experience:  15 years experience of advising on employment law matters
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From March 2011 until Sep 2012 I was employed by a company

Resolved Question:

From March 2011 until Sep 2012 I was employed by a company where in my contract it stated that after 6 months I would be eligible to join their pension scheme. I have just found out that I was never enrolled into the scheme, the company are suggesting that I overlooked filling out the forms but this is incorrect as I did not receive the forms. I have asked the company to pay me the amount due but they not responding - what is the best course of action for me to follow?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
Did your contract state that you would be enrolled in the scheme after 6 months?
Customer: replied 2 years ago.

Hello Jenny, the contract wording is as follows:

"After the completion of six months continuous service with the company the Employee will be eligible to join the Company's occupational pension scheme subject to the rules of that scheme from time to time in force."

Expert:  taratill replied 2 years ago.
At the time you were employed did you ask about joining the scheme after you had served 6 months?
Customer: replied 2 years ago.

Yes I verbally asked the Financial controller Shirish Patel and he said that he would check my contract to see if I was eligible.

Expert:  taratill replied 2 years ago.
Ok and what happened next?
Customer: replied 2 years ago.

I heard nothing more and did not chase it as I assumed that it was just done.

Expert:  taratill replied 2 years ago.
Ok understood. How long ago did your employment end?
Customer: replied 2 years ago.

My employment ended in Sep 2012.

Expert:  taratill replied 2 years ago.
Thanks can I please ask what has caused the delay in dealing with this issue? Do you know what the value of the pension would be for the time you were not in the scheme?
Customer: replied 2 years ago.

I have recently carried out a review of all my pensions and it was during this that it became apparent that I had no pension with the company in question. Up until that point I had always assumed that the pension was in place. The amount of money that the company should had contributed was around £2000.

Expert:  taratill replied 2 years ago.
Do you have any written evidence that you asked the manager to join the scheme?
Customer: replied 2 years ago.

No, I have nothing of that nature.

Expert:  taratill replied 2 years ago.
I think this is a weakness for you as it will come down to your word against theirs as to what has been agreed. On the face of it the contract says you become 'eligible' not that you will be automatically entered. This requires action on your part to become a member of the scheme.
whilst it is your position that you asked to join , without evidence of this it comes down to your word against theirs.
You can send them a letter before action to say that if they do not put you in the same financial position as though you had joined you will claim but if they do not settle you take a risk that your claim could fail on the basis that they are not in breach of contract if you did not , in fact, take steps to take up the offer to join.
Hopefully they would not be dishonest but this would , in part, depend on wehther the manager is still available.
If you have any furhter questions please ask. If I have answered your quesiton I would be grateful if you would take the time to rate my answer. thank you and all the best.
Expert:  taratill replied 2 years ago.
Hello is there anything further you would like to know about this as I can see you have not yet rated my answer which is an important part of the process?
Customer: replied 2 years ago.

Sorry for the delay, I do not have continual email access as I am work on site alot.

What would be my route to claim as I would like to make reference to this in any letter that I send to he company.

Expert:  taratill replied 2 years ago.
The problem for you with claiming is that unless you get an actuarial report you do not know the value of the loss. This prevents you from using the Money Claim online service as this has to be for an exact figure. This means that you will have to visit your local county court and pick up a paper claim form and put the value down as to be assessed.
In your letter before action you can use the wording that if they do not come up with a suitable offer of settlement you will have no alternative but to pursue a claim in the County Court.
I hope this helps.
Please remember to rate my answer before you leave the site as I am not otherwise credited for my time.
I will be happy to answer your follow on questions.
Customer: replied 2 years ago.

Actually this is now resolved, I had been in contact with the employer in the background and they have offered me a full settlement. Thank you very much for your help.

Expert:  taratill replied 2 years ago.
No problem please do take the time to rate my answer as I am not otherwise credited for my time . I am glad this is resolved : )
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