Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. The pension payment they have offered - is tat a goodwill payment, which they were not obliged to make?
As discussed on our call with Valentina and on Thursday: we can support you with the cost of early retirement (that is not paid to you but to Aon Hewitt) AND pay the 10k net redundancy and notice period as per the settlement agreement - to you.
Sent from my iPhone
> On 5 Feb 2015, at 23:34, "***** *****vesey" <*****@******.***> wrote:
> This is confusing. Exactly how much would I be receiving. Is it as stated in the agreement + £13000 making £30000 in all.
> Sent from my iPad
>> On 5 Feb 2015, at 22:50, "Richards, Imola (GE Power & Water)" <*****@******.***> wrote:
>> Discussed payments are on the settlement agreement: 4900 notice period + 200 for other + 10k redundancy pay (this is net).
>> Cost to the company for your early retirement (13k) is not mentioned as it's a cost that the company is taking on and you do not need to formally agree to that.
>> I trust this helps.
Copy of last email I would think it is a goodwill payment to enhance my pension
It appears that the company has voluntarily agreed to take on the costs of your pension. Whilst legally you can claim the holiday pay you are due, this can be waived if you and the employer agree to do so under a settlement agreement. You cannot be forced to waive your rights to holiday pay but at the same time the employer cannot be forced to pay the pension enhancement. So you must consider what is more important to you – getting your holiday pay or the pension. As you can see the risk is that if you push them too much for the holiday pay, you could end up losing the pension pay because they may simply decide not to go ahead with it. Remember it is a goodwill payment and as such they have no obligation to pay it so if they find you difficult in the negotiations and do not agree with paying you the holiday pay then they could refuse to pay the pension just so you can get the holiday pay. So whilst legally you may be entitled to claim your holiday pay, pushing for it could affect the goodwill part of the agreement and you could end up being £13k worse off.
Hope this clarifies your position? If you could please let me know that would be great, thank you
you are most welcome, all the best