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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 12302
Experience:  Qualified Employment Solicitor
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Change of Income Arrangment Regarding Salary Sacrifice

Customer Question

Hello, I have an Employment related query that we need some advice on please.

My wife works at a private school as a teacher. Our daughter attends the same school. My wife's income arrangement at the school is setup on a salary sacrifice arrangement which assists us in paying the school fees.

Unfortunately we have had to take the decision to withdraw our daughter from the school last week (permanently), due to ongoing bullying issues, which have gone on unresolved for 3-4 years.

We have a huge log of events and have had many meetings with the school over the last 3-4 years, and we are confident that we can demonstrate (legally) that bullying (by definition) has occurred and has not been dealt with. I understand nobody on here can comment on this as nobody would know the specific details, but for the purpose of our query, let's assume we have a valid case for removing our daughter.

The issue we have, is that the Head of the school has written quite a toned letter to us, explaining that they disagree bullying has occurred, and never has (which is contrary to the discussions we've historically had with the school), and that we will be responsible for next terms' fees as normal - as the school's contract for withdrawing children from the school requires 1 full terms' notice.

We have suggested that we shouldn't be responsible for this given we feel that we've had to withdraw our daughter for her own safety/wellbeing. This therefore means that in our exiting situation, my wife will be working at the school next term, and effectively not going paid because of salary sacrifice.

We have asked the school to change my wife's income arrangement to a paid salary (rather than salary sacrifice) and they have responded to say this can't be done until April, except in exceptional circumstances.

We have looked at the HMRC's list of exceptional circumstances and it details divorce, pregnancy, spouse's redundancy. None of these apply to us.

Our query is whether there is another (legal) way around this, or any other option that we should consider ?

If it makes a difference, my wife's Contract is a Temporary Contract, although she has now been there for 2 years and 2 months.

Many thanks

Submitted: 3 years ago.
Category: Employment Law
Expert:  Nicola-mod replied 3 years ago.
I've been working hard to find a 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!
Customer: replied 3 years ago.

Hi, no problem - I'm fine to hang on....



Expert:  Nicola-mod replied 3 years ago.
Hello David,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  Nicola-mod replied 3 years ago.
Hello David,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Expert:  Nicola-mod replied 3 years ago.
Hello David,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Customer: replied 3 years ago.

Yes please if you could just refund me and close the Q thankyou