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Contract question

3 replies

Rollerbird · 21/02/2018 17:20

I started my job in 2012 and should have been asked if i wanted to join their pension when i passed my probation.
They didnt ask and i didnt read my contract before signing, so didnt ask about it either.
Now is it tough and my fault?
I ask because if i was in the scheme before a certain date i get a better contrribution to pension. Our part of the Business is a satellite to main bit and i expect it was an oversight on managers part.

OP posts:
flowery · 22/02/2018 09:11

So your contract included entitlement to join the pension scheme but they didn't specifically invite you at the end of probation, is that it?

Rollerbird · 22/02/2018 09:48

Yes thats it

OP posts:
flowery · 22/02/2018 10:23

I'd say it's your fault for choosing not to ask to join the pension scheme you knew was available to you (I know you said you didn't read your contract but 'officially' you knew).

However, if your contract said you are entitled to (say) 10% of salary pension contributions, and they were changing that to 5% (or whatever), they should have written to you advising you that it was changing, and therefore you would have had an opportunity to join at the old rate before the change was made, if that makes sense.

If they effectively changed the contractual pension scheme without notifying you, then your argument is you were not aware of the proposed change to your terms and conditions which seems to have been applied retrospectively and did not agree to the change.

It might depend on the wording in your contract. If it just says 'you are entitled to join the pension scheme then they could probably change the details without specifically telling people who had opted not to join. But if your contract says the level of contributions then by changing it they are changing your terms and conditions.

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