Ask a Law Question, Get an Answer ASAP!
Hello, my name is Ben and it is my pleasure to assist you with your question today. Do you have a specific question about this?
Someone had to take time off work because of developing throat cancer. This was successfully tackled and he was given the all clear only to develop pneumonia then be told he had secondary cancer of the lungs that was terminal and could have only weeks or months left to live. This has taken nearly a year where he has not worked as a driver at the company he has worked at for over ten years. Will his widow still be entitled to the company death in service entitlement which is £70,000 as he has never left the company or been sacked and has been receiving sick pay.
What does the death in service policy actually say - her entitlement would entirely depend on these terms and what they say would happen on his death?
its actually in his company contract that if he dies from a terminal illness while in their employment his spouse would receive the money I believe but because he has been on full pay for 6 months of his sickness and half pay for the next 6 months that ends in July 2014 would this effect her entitlement
Thanks for confirming. This should not affect your entitlement to this death in service sum because he is still going to be classified as an employee of the company. Even if he is on sick leave and being paid by company, whether on full pay, half pay or no pay, he is still going to be classified as an employee of that company and as such would meet the criteria of this benefit. His employment has not been terminated, he continues to be bound by the contract in place and so would the employer, including this benefit clause. Only once his employment has officially terminated would this clause no longer apply, so assuming he remains their employee until his passing, the clause would continue to apply. This is even if he is signed off sick.
Hope this clarifies your position?