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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I ceased working in August 2014 due to inability to perform

Resolved Question:

I ceased working in August 2014 due to inability to perform my duties through ill health. At the time as I was going to seek ill health retirement my employer advised that I may not be able to claim severance if my pension was awarded and that it was primarily my decision to leave work. I have since learned that my ex employer upgraded a fellow worker to my level and that in reality my leaving work suited my employer as I had become ill health inefficient.
I have since spoken to my ex employer who advises me that if the business had not given severance through misunderstanding they would meet their responsibilities.
I am currently in receipt of my ill health pension which was awaded some two months after I left work.
I am also in receipt of DLA and Incapacity benefit.
Can I seek the severance payment this far on.
Thanks
Elaine
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Why didn't you act immediately?
Customer: replied 1 year ago.
My ex employer advised that he had checked with his accountant who advised that accessing the pension might have negated severance rights. As my ex employer was assisting my pension application and he had trusted the advice he sought I felt there was little I could do.
I was also suffering significant depression and was happy enough to be getting treatment for it.
My ex employer has accepted his responsibility and I feel he was not trying to absolve himself of liability.
Expert:  Ben Jones replied 1 year ago.
Sorry my connection dropped last night. Can I just check if the entitlement to a severance payment was a contractual right you enjoyed it was it just something given at the employers discretion?
Customer: replied 1 year ago.

Hi

I did have a contract but at present I am unable to locate it.

Does it matter as my ex employer is prepared to pay. My ex employer wants to do what is right and fair.

Elaine

Expert:  Ben Jones replied 1 year ago.
Hello Elaine, whether the entitlement is contractual or not would depend on your ability to pursue it should the employer refuse to pay. However, that is only going to be an issue if they refuse to pay, and you have said that they are willing to so it may not be relevant. If this was a contractual entitlement you would have 6 years to pursue it through the courts. If it was not a contractual one, then you would not be able to pursue it now if they did not want to pay. So that is why it matters whether this was a contractual payment or not. There is nothing stopping you from pursuing the employer right now for this – especially if they have indicated that they are happy to pay. As long as they are happy to pay, this could happen at any tie, whether now or in a few years’ time. If they are reluctant to pay then your rights to claim this would depend on whether it was a contractual entitlement or not – you can only claim for it if it was contractual, which is why you need to check your contract. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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