My Co has now decided not to pay there side of pension contributions,but will increase there salary by the % agreed ...My prob with this is i was never approached to join the scheme even after the qualifying period, my salary will not increase by the 3% stated .. have i got grounds for discrimination over this?
Any help on this matter wld be greatly appreciated
2006-10-26 03:30:11 · 10 answers · asked by conrad t 1 in Business & Finance ➔ Careers & Employment
additional info regarding the pension question .. the Co in question has also failed to pay the contributions in question to the employees who have already previously joined. I have had no formal letters inviting me to join etc ... as far as i know they are legally obligated to do this, Co in question has also not paid employees on time as per contractual requirements, paid salaries late (10days) not paid people who have been made redundant and put on Garden leave..... now do we have a case to prosecute?
2006-10-26 04:00:37 · update #1
Seems to me that you're talking about a 401(k) . The employer has elected not to make direct contributions, which is acceptable. Instead the company has elected to provide employees with an increase in wages. Since you are not participating in the 401(k) plan, you are not entitled to the 3% salary increase. There is no discrimination.
I would suggest that you join the plan as soon as possible. Find out from HR, or your supervisor when you can enroll.
2006-10-26 05:08:54 · answer #1 · answered by PALADIN 4 · 0⤊ 0⤋
I assume by the 3% that you have either a SIMPLE IRA plan or a safe harbor 401k. The 3% to the SIMPLE plan can be done so that they contribute an average of 3% in three out of five years. The 3% safe harbor contribution to a 401k plan can be eliminated 30 days after they give notice of termination of the contribution. They would still have to contribute the 3% of compensation until that time.
You don't have to be consulted about what they want to give you. But it does seem strange that they would stop the 3% to the plan and give you a salary increase of 3%. That move doesn't make sense.
2006-10-26 04:14:59 · answer #2 · answered by waggy_33 6 · 0⤊ 0⤋
What company? If the company had pension, it should be a sizable company. They probably sent out mails/emails or had meetings to discuss the matter. When you said you weren't approached, do you mean you didn't know about it? Or did you ignore the notice thinking somebody will personally invite you to participate? If the company notified employees in reasonable manners and if nobody else was left out, I think you have a tough case. If many people were left out because the information wasn't given, get together and find an attorney.
2006-10-26 03:42:14 · answer #3 · answered by spot 5 · 0⤊ 0⤋
No. Pension contributions are part of a negotiation when you join a Co and if you opt out, then tough.
Same with share purchase schemes. While you spend all your salary on beer and laugh at the saddos who invest, the worm turns come floatation time or retirement.
2006-10-26 03:39:54 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I'm having a hard time believing that a company didn't offer you the chance to participate. They may have told you at orientation, or provided information as part of your initial employment package and you didn't read it or follow through. They aren't required to remind you when you are supposed to sign up, just tell or provide information on the subject at some time.
If in fact you weren't told about participation you have a good legal case against the company, of course anytime you bring suit against a company that you are working for there are usually repercusions even if they aren't overt.
2006-10-26 03:43:30 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Contact your lawyer. If you don't have one, ask a trusted friend who they recommend. Don't just pick one from the yellow pages.
Also make sure you get a free consultation. If you have a case, there will be enough money in it for the lawyer if they accept the case. If you don't have a case then you lose nothing and are more likely to call the attorney later when you need one.
Hope this helps,
Art
2006-10-26 03:36:28 · answer #6 · answered by ><((((º> Art W...SiteSt 1 · 1⤊ 0⤋
i think the worst case issue would be which you get your return of contribution in a retirement fund desirable to the place you reside. you ought to ensure to be sure that someplace. Then, it extremely is not a bad theory to purchase right into a 401-k interior the placement of labor. maximum companies do no longer furnish that anymore.
2016-11-25 21:39:54 · answer #7 · answered by ? 4 · 0⤊ 0⤋
Pensions are regulated by law, check with a lawyer that specializes in Labor law.
2006-10-26 03:46:43 · answer #8 · answered by Outside the box 3 · 0⤊ 0⤋
Also, try ACAS who monitor behaviour like this, and join the TUC.
http://www.acas.org.uk/
http://www.tuc.org.uk/
2006-10-26 03:40:04 · answer #9 · answered by sarah c 7 · 0⤊ 0⤋
dunno
2006-10-26 03:38:25 · answer #10 · answered by Anonymous · 0⤊ 0⤋