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Breach of Contract

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  • Breach of Contract

    Good Evening

    Please for give me for so many posts about the same issue and for the length of this one but I am having great problems with my employment being terminated on health grounds and I need some advise, I have no problem with my employment being terminated and I readily accept it as it was proving impossible for me to continue but I have a problem with my contractual rights.

    I have already left employment without signing any agreement and I will not do so until I get what I am entitled to I had no choice it was terminated for me

    I am entitled to 3 Months notice as per my contract and I have been offered that I have 30 days accrued leave I have also been offered that, My ill health pension application has been received and is being processed and I now am claiming ESA but Under my terms and conditions of employment I am entitled to continuation payments calculated as 2 weeks wages for every 5 years of service up to the age of 50 and an extra 2 weeks for every year over the age of 50 and I am 53 i have 25 years service so my calculation is 14 weeks as per the terms and conditions of ill health severance.

    Now my ex employer refuses to pay that and has offered me a sum that has no calculation to it and bares no resemblance of any multiplication of my salary and have not offered me any explanation even though I have asked for one, this continuation payment can be made tax free as it is on account of Disability and because I wont accept it and sign the settlement agreement they have said they will credit my account with the payment after deducting tax and I am not liable to pay tax on it and they will not listen.

    I have provided them with the relevant section from the HMRC handbook with regards to payments on account of disability but I have had no further replies it looks as though I am now being ignored.

    I have dealt with the union but unfortunately they don't seem to be interested as I am now no longer employed but the one thing I can prove is that my settlement has been discussed with someone who had no need to know about it so it looks like I am now on my own, I struggle badly as I am losing my sight and I find it a constant stain to try and fight them via email .so I have raised aa early conciliation with Acas. can any one offer any words of wisdom before I make myself look a fool

    Cheers
    Stillo
    Tags: None

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