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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47893
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I finished work as incapacity retired, I was granted coal for

Resolved Question:

I finished work as incapacity retired, I was granted coal for life. I am retiring abroad, can I take the money value of my allowance with me.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Why did they give you coal for life, was that a contractual benefit?

Customer:

Yes it was in the terms when i finished work

Ben Jones :

Did it say cash alternatives existed?

Customer:

yes they asked me if I would Chang to gas as an alternative that was a money value.

Ben Jones :

Unfortunately there would be no legal obligation on your employer to offer you any cash alternative for this. The terms of your contract allowed you to receive coal for life following retirement or termination of employment. The employer is still fulfilling their duty by doing this. If you are no longer able to receive this benefit or simply do not wish to, then the employer does not have to find other alternatives to continue providing this - it is either coal or nothing at all I'm afraid. Had there been an alternative way of receiving this benefit, it would have been detailed in the terms of the contract that dealt with this - in the absence of any such alternatives then the employer is not obliged to offer you anything else than what they are already offering you. You can either continue receiving this as it stands, or you can decide you wish to give up your right to receive it but the employer does not have to offer you an alternative in that case.


 


They may have asked you to take gas as an alternative but they could not force you to do this and neither could you - this would be something for you to agree between yourselves. Same with getting a money alternative - there is nothing stopping you from asking them top consider this but they do not have to offer it, that would be at their discretion.

Customer:

Can I still have my coal in Thailand I am going to live ther.

Ben Jones :

yes but the company would not be responsible for sending it there - they can still provide it for you here but how you get it to Thailand would be up to you

Ben Jones :

I see you are trying to exit chat - has your original query been answered or do you need me to clarify anything before I close this at my end?

Customer:

I will get a supplier in Thailand

Ben Jones :

how that works will have to be agreed with the employer, but they cannot be expected to send the coal overseas I'm afraid

Customer:

OK thank you for your advice, have a good Christmas

Ben Jones :

Many thanks and you too - hope you get to resolve this to your satisfaction

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