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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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As a police officer I have worked 30 years service then re-employed

Customer Question

As a police officer I have worked 30 years service then re-employed on 30plus Programme devised by National Police Improvement Agency (Home Office)
The contract was originally set up for seven years as per Home Office Guidelines but then extended by a total of 15 months when this extension was deemed by Dept Legal Services for the MPS to have been illegal.
Part of the agreement for the 30+ contract was to waive the majority of my monthly pension payment whilst engaged.
If the extension is deemed illegal, what authority do the Home Office have to retain my pension from 6th January 2013 - 31.03.2014?
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
Did you work and were you paid during this period?
Customer: replied 3 years ago.

Yes, but the important ingredient for the 30+ service agreement/ contract is that the officer waives a good portion of his pension to be allowed to be re employed. On this basis the officer does not receive pension and wages from the same employed, i.e MPS in this case.

The only "pension" received during this form of employment is a replace

ment for lost housing allowance, so the home office somehow justify this payment in lieu during lawful contract period. The remainder of my pension is withheld. £1000 per month or more.

Expert:  JGM replied 3 years ago.
Thanks. My point is that you're being paid our salary and that is the reason you forfeit part of your pension?
If the scheme is illegal then it may be the case that you would have to pay back your wages and they would have to pay you the pension. I consider, however, that this would be unrealistic.
What is it that you are seeking here?
Customer: replied 3 years ago.

Clarification

My approach to ACAS has been with a view to an employment tribunal

1. Breach of verbal promise to extend employment to 31.12.2014

2. Indirect age discrimination. I am now 61 yrs old to be replaced by younger officers( with no expertise in my field)

3. Having been given conflicting reasons for termination( nothing to my detriment) but told contract illegal therefore cannot continue employment. I ask the question on what grounds do they withhold my pension at the end of seven year contract 06.01.2013 - 31.03.2014 if contract is illegal.

There may well be hundreds of officers in the UK in the same or similar position.

Expert:  JGM replied 3 years ago.
Thank you. As part of this relates to discrimination there are other experts on JustAnswer who will be better placed to help you. I will opt out and let them take over.
Customer: replied 3 years ago.

I have been given nothing to reply to

Customer: replied 3 years ago.
Relist: Incomplete answer.
JGM has ducked the question asked.
Customer: replied 3 years ago.

It is two days now since JGM ducked out from answering my question.

Please advise as to how this is now to proceed or return my money.

Customer: replied 3 years ago.
Relist: Incomplete answer.
JGM tinkered with a straightforward question, got bored then abandoned it. No one has as yet picked this up to answer properly JGM's boredom took hold two days ago. Please deal with it or return my money.
Expert:  JGM replied 3 years ago.

With the greatest of respect, the initial question you asked turned into a different question. I do not deal with discrimination issues hence I opted out so that another expert could assist you.

Unfortunately, I suspect the tone of your recent posts may have discouraged other experts from taking up your questions.

I will refer you to customer services.

Expert:  Nicola-mod replied 3 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 3 years ago.

I have no wish to wait indefinitely.

I will point out that "with respect" JGM did simply duck out and then wants to try and defend his action with a lame statement.

If you are unable to find someone more competent within 72 hours from now - ie1300 on Thursday 10th July 2014 then I should be offered a full refund.

Expert:  Nicola-mod replied 3 years ago.
Hello,
We will continue to look for a Professional to assist you.
Please let me know if you would like a refund at any point.
Thank you for your patience,
Nicola
Customer: replied 3 years ago.

Please read my previous email.

Customer: replied 3 years ago.

Nicola

You have been unable to locate anyone to answer my question.

I think that it is now time to refund my £36.

Thank you for trying.

Mick G