How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50149
Experience:  Qualified Employment Solicitor
Type Your Employment Law Question Here...
Ben Jones is online now

I have MS. From 1991 I have claimed PHI via my employer RSA.

This answer was rated:

I have MS. From 1991 I have claimed PHI via my employer RSA. My last payment was to be on my 65th birthday in March 2019. Today my employer has told me that I am going to be made redundant because the Bristol office I used to work at is closing. The redundancy package is equivalent to one year's PHI. Leaving me with no money to clear my mortgage. They say they have taken legal advice and that I am 'in scope' for redundancy.
When I went on sick leave my role was split between two people so you could argue that it ceased to exist 24 years ago. What are my rights? Can I appeal against this redundancy?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What are you hoping to achieve please?
Customer: replied 2 years ago.
Can I challenge my employer's decision to make me redundant thus stopping my PHI payments from the group insurance scheme?
The question of dismissal while an employee is in receipt of PHI benefits is a complex matter. Where the employer has a genuine, potentially fair reason for dismissal, it should consider the wording of the employee’s contract, the rules of the PHI policy and whether dismissal could be construed as wrongfully depriving the individual of the possibility of cover under the scheme. Dismissal of an employee in receipt of PHI benefits could entitle the employee to claim unfair dismissal and damages for breach of contract. There is some relevant case law on this: In Aspden v Webbs Poultry & Meat Group (Holdings) Ltd, a PHI policy provided that employees who were wholly incapacitated from working by sickness or injury would receive three quarters of their salary until death or retirement, provided only that they remained in the company’s employment. The High Court held that there was an implied contractual term to the effect that the employer would not terminate the contract while the employee was incapacitated for work and could qualify for benefits under the policy, except in the event of gross misconduct justifying summary dismissal. In Hill v General Accident Fire & Life Assurance Corporation plc, the Court of Session considered an argument by an employee, relying on Aspden, that it was an implied term of the parties’ contract that the employer would not use its contractual powers of dismissal (in this case for redundancy) where this would frustrate an accruing or accrued entitlement under the sickness benefit or ill-health retirement pension scheme such that the employee would not be dismissed from his employment while incapacitated except for a summary dismissal by the employer by reason of his fundamental breach of contract. So these are the arguments you could try and raise at this stage. In reality, if the employer really wanted to make you redundant they can and in that event you will have to challenge their decision in court. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Customer: replied 2 years ago.
Can I still challenge the decision after I have been made redundant?
Once your employment has terminated you have the right to appeal the dismissal directly with the employer. If that is rejected then the only way after that is to go to court. Hope this clarifies?
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Yes, thank you very much. I feel a lot more hopeful about getting a just decision.
You are welcome, all the best