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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47623
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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MY COMPANY , WHERE I AM A PERMANENT EMPLOYEE FOR THE PAST 1

Resolved Question:

MY COMPANY , WHERE I AM A PERMANENT EMPLOYEE FOR THE PAST 1 YEAR, HAS SUDDENLY ASKED ME TO RESIGN OR THEY WILL TERMINATE MY SERVICES CITING PERFORMANCE AS A REASON .
I HAVE A INSUARANCE POLICY THAT COVERS INVOLUNTARY UNEMPLOYMENT . WHAT SHOULD I CHOOSE TO do with my employers - they are not willing to give involuntary redundancy as a letter but say they can give termination letter citing performance ( not miconduct or anything in that category ) ? PLEASE ADVICE URGENTLY
I feel I am in an unfortunate situation and my employers are taking me for a ride. If they give me a termination letter, will it be treated as involuntary unemployment by my insurance company so that I can get some help atleast till I find alternate employment ?
regards
sarvesh ***********
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

What is their complaint about your performance ?

Customer:

they just said performance issues, not misconduct or anything like that

Customer:

please also note that my email is - *****@******.***

Customer:

when i put in the syatem, it says used for registering another member

Ben Jones :

ok don't worry about that. Going back to the insurance - are there any definitions in there about what involuntary unemployment may mean?

Customer:

I am with LV , and have a brochure that says involuntary unemployment situations

Customer:

now my main issue is that I am not resigning, so they have threatened to terminate my servic but give me 4 weeks notice

Customer:

and they say that it is better for me to resign , even otherwise they will termonate but give me 4 weeks notice in either way

Customer:

my insurance company brochure says involuntary redundancies and involuntary unemployment situations that are not self caused

Customer:

I am with LV mortgage and lifestyle protection plan

Customer:

and have been paying monthly premiums

Customer:

I have my meeting with my employers tomorrow - I have asked them to issue me a involuntary redundancy letter , but they are not agreeing

Customer:

hence my question to you please....if they issue a termination letter citing performance , will it be covered as involuntary unemployment ...which acyualy is the situation.

Customer:

There are no misconduct or any thing and my employers otherwise have no issues

Ben Jones :

The issue is that as you do not have at least 2 years service with them you are not protected against unfair dismissal. This means they can sack you at any time until then for more or less any reason. So they could ask you to resign and if you refuse, they could dismiss you. So there is no avoiding that if it is the route they are wanting to pursue.

If you were resigning, then whilst it may be better professionally because you will not have a dismissal against your record, it means that you are unlikely to be able to rely on the insurance because this is voluntary unemployment. What involuntary unemployment means is most likely that you have lost your job for reasons beyond your control so basically a dismissal. So if you were allowed to be dismissed then whilst you will have a dismissal against your name, it means you may be able to use the insurance policy to help you in the period after the termination

Another issue is that insurance companies can be notoriously sneaky and difficult when t comes to honouring claims so you are best advised to contact them and directly check what situations they would cover and what their understanding of involuntary unemployment is – after all it is their policy and only their definition of that phrase would suffice so you need to check that with them first to be certain, there is no point in guessing.

Customer:

but can i contact my insurance company direcly witha query ?

Customer:

what will you advice ?

Customer:

Hi ben , you there

Customer:

will they not use the situation to their advantage ?

Customer:

Hi Ben can you please let me know if I should ask my insurance company directly ?

Ben Jones :

you can certainly ask them now what situations would that policy cover,

Ben Jones :

if you meet the criteria in the future then they will have to cover you and pay yo as per the insurance terms

Customer:

no I already have a policy

Customer:

so should I identify myself to them ?

Customer:

or go thru a solicitor , so that I do not expose myself directly

Customer:

and the solicitor can talk to them on behalf of a client ?

Customer:

could you please tell me the last part ?

Customer:

I meant the last question

Ben Jones :

you dont need to do any of that, there is no need to use a solicitor - you have a policy with them, they know who you are, you just contact them and ask them directly what situations would this policy cover

Customer:

ok

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

hi ben yes it does

Ben Jones :

you are welcome, all the best

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