I started a permanent part time role last August for a small family run company. I have always been employed by multi nationals so have found it quite different. In my contract it states there is a, 'stakeholder pension scheme applicable to your employment. Further details are available from your Line Manager'. My Line Manager is the MD of the Company so I asked about the pension and she said, 'Oh yes, we don't have to have one in place until next July I think'. I was made redundant in June 2014, then contracted until July 2015 before taking up this permanent role in August 2015. I haven't had a pension since June 2014 and it is very important to me.
Is this a breach of contract? basically I am very unhappy in the role, it wasn't what I thought it was going to be and I'd like to leave, however I am on two months notice. If they are in breach of contract could I use this as a negotiating point? i.e. if I wanted to give one months' notice? if they said I would be in breach of contract for that then I could say the same to them ref the pension?
I am a single mother of two boys and the lack of pension is a worry for me as is an SSP issue at work. In March a colleague broke his elbow skiing and was put on SSP after a week, yet the MD's daughter who suffers from anxiety and depression was off for 6 weeks on full pay before Christmas? it just doesn't seem fair and there is no way I can afford to live on £88 a week SSP should anything happen to me? having worked for big companies before I'm sure this wasn't the case, I've never had a lot of time off sick, but this just made me very
All employers are having to set up pensions for their staff, but it's being phased in by size of employer and the very smallest don't have to do it until 2017/18 so depending on the size of the company the MD is probably right that they don't have to set one up until then. Having said that, if it's mentioned in the contract that's a bit different, the wording does seem to imply that there is a pension available but it may not be for all employees. The contract doesn't seem to state that you will have a pension though so I doubt they would be in breach, but I'm not a lawyer so can't be sure.
Previously employers had to offer a stakeholder pension scheme, but the employer did not have to contribute. It just had to be there if an employee wanted to use it.
Surely you checked the sick pay policy before you signed the contract if it was so important to you?
The pension issue is difficult - the wording does imply there is a scheme in place but again, if it was important to you, you should have requested further details before accepting the job.
As far as negotiation is concerned, you can try it but I don't think it would get you very far.
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