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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 2049
Experience:  Owner at James Bruce Solicitors
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My father died 2 years ago. He was still in employment. His

Customer Question

My father died 2 years ago. He was still in employment. His contract was a tupe contract and he was told they had death in service and the amount.
JA: Was the TUPE issue discussed with a manager or HR? Or with a lawyer?
Customer: We were informed by his manager when he died that he had it.
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Then they said because he was 72 the death in service was only valid until the age of 70. However they had never informed any of the staff of this Employees salaried
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just that they won't pay and I'd like to know where we stand
Submitted: 6 days ago.
Category: Law
Expert:  james bruce replied 6 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
As your father was on TUPE, any employment conditions would automatically carry on.

However, it is very possible that what they are telling you is correct. Very often in work insurance for injury and death do have an age restriction on them. Unlike age discrimination for work, this would not be considered age discrimination.

Whether the policy the company had or has, contains an age limit, you would need to find out from the employer.

You should request a copy of the policy from the HR department, or from the insurers if you know who they are. It could also be included in any policy documents your father may of had about the scheme.

Customer: replied 6 days ago.
But how do we stand if the members of staff had not been given details of this, and didn't know that there were restrictions
Expert:  james bruce replied 6 days ago.

Really there would be little you could do.

You can not control age restrictions, so if they existed, your fathers enrolment would have ended at the upper age limit.

Expert:  james bruce replied 5 days ago.

Hello, I am just following up on your enquiry to see if I can assist further. Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.
If you are able to obtain a copy of the policy either from the employer or insurance company, then I would be more than happy to review it for you.