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taratill, Solicitor
Category: Employment Law
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Experience:  15 years experience of advising on employment law matters
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I am employed by RSA but do not work as I have MS. I receive

Resolved Question:

I am employed by RSA but do not work as I have MS. I receive PHI via my employer from Phoenix Life.
I was employed by Royal long before they merged with Sun Alliance.
I asked RSA when my PHI would stop and received a letter from Phoenix stating that it would stop on 21st March 2019, my 65th burtday.
At my request my employer has since sent me a copy of the original long term sickness scheme, written in 1988, which states that the benefit will stop when I am 62 in March of this year. They were sent the copy in a pdf file from Phoenix. There was no accompanying letter to say that this would happen. Naturally I am extremely worried.
It is further complicated by the fact that my employer has told me that I am 'at risk' of being made redundant in May. But I am wondering if this was because they weren't aware that there was a 62 year end date on my original PHI scheme. I believe 62 was the old retirement date for women. But now I won't receive my state pension until September 2019.
So, is the letter giving the end date of 21/03/2019 a 'revised contract' I can rely on to be accurate?
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Are they now trying to say that you will lose the benefit this March?
Customer: replied 1 year ago.
Hello Jenny,
No, they haven't said that yet but the word 'terminal' and the age of '62' had been underlined in biro and I am concerned that Phoenix will stop it in March and thus RSA will save themselves a redundancy payout. (It could even happen without them telling me as when Phoenix realised they had overpaid me for a year they made deductions from my PHI and I didn't know anything about it until I checked my bank balance). I am hoping that, if it comes to it, their letter stating 21/03/2019 would have some legal clout.
Expert:  taratill replied 1 year ago.
Is the retirement age and date on the original contract different for men than women?
Customer: replied 1 year ago.
No, it's the same for both men and women.
Expert:  taratill replied 1 year ago.
Ok thanks. I am afraid if the letter was sent to you in error with the wrong date and it does not reflect what was in the contract then if the employer realises the mistake was made they will be entitled to rectify it and abide by the original contract date. You can point to the letter if they stops the payment and say that you believe this amounts to a new agreement, it may just work! However were the point ever to be litigated they would be entitled to rectify the mistake and revert to what is in the contract. I am really sorry this was not the answer you were hoping for. This is why I asked about whether men were treated differently as I was looking to see if you could approach it from a discrimination angle. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
Thank you.
Expert:  taratill replied 1 year ago.
No problem, I would be grateful if you would please remember to rate my answer before leaving the site as I am not otherwise paid by Just Answer for the time I have spent answering your question. Thank you in advance.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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