Dismissal and National Insurance

[Topcat58]

My wife was fired by her employer for nine months sickness absence in November. Her 66th birthday was December but she was paid all the notice pay (12 weeks) on 30 November so paid national insurance on the lot. If the employer had paid it in December, or if she had been able to work her notice period then she would have paid much less NI. She asked her employer to this but he refused.

She has paid over £400 NI that she wouldn't have paid if the employer had been more cooperative.

She paid pension contributions on her notice pay as well which was several hundred pounds.

Is there anything she can do about either of these?

 

[MikeJ]

9 months without working, 3 months notice pay, and you're complaining!

Does her contract allow for payment in lieu of notice?

 

[Topcat58]

I'm not complaining. She worked there 20 years. The 12 weeks notice is the law and I am simply asking a question which is what this forum is for - or so I thought.

There is no PILON clause in the contract.

 

[bodgitt&scarperLTD]

I wouldn't want someone back to work her notice after she'd been off for nine months either. By that time her repalcement would be well up to speed and her presence would be a hindrance causing yet more loss to my business.

 

[NicoJ]

According to ACAS, if there is no PILON in place then the employee should receive the same pay as if they had worked their notice.

Its a case of how far you want to take it I think, contact ACAS in the first instance and then it might be a legal issue.

Or, just take the money and let it go.

 

[NicoJ]

I wouldn't want someone back to work her notice after she'd been off for nine months either. By that time her repalcement would be well up to speed and her presence would be a hindrance causing yet more loss to my business.

I'm glad I don't have to work for such a sympathetic employer.

 

[Newchodge]

I'm not complaining. She worked there 20 years. The 12 weeks notice is the law and I am simply asking a question which is what this forum is for - or so I thought.

There is no PILON clause in the contract.

Then she can claim damages for losses sustained because they paid PILON. She should try and see a no win-no fee employment lawyer.