Does a company have to continue to pay benefits (health care etc) and contribute to the employees pension during the lieu of notice period when a person has been made redundant,
On what you've said, no, I don't believe they would. But you may want to clarify what you're asking as I may have missed the mark.
"Lieu of notice" usually means to be paid instead of working it, e.g. under a redundancy an individual is given 10 weeks notice and will have a leaving date of 10 weeks away, however it is agreed to pay the individual "in lieu of notice", so they get 10 weeks pay but their leaving date is this week, therefore I would argue the benefits you mention would finish with the new DOL.
If the above isn't what you meant in regards lieu of notice, just let me know.
You haven't missed the mark but I have seen split responses to this question.
What I'm am trying to locate is a case law to cite, to clarify the legal position. Unfortunately lawyers are extremely expensive and trying to find a practice that will give advice on the green form without saying they have reached their quota is nay impossible
I understand where you are coming from, but if the company ended the contract of employment by redundancy, would it not follow that any pensions/ benefits lost in the lieu of notice period ,would leave open to a claim in the shedule of losses, under normal conditions if you worked your notice you would be entitled to such and the company would continue to pay into your pension or continue with any benifits until your leaving date.
If the employee had contributed to the ending of a contract by grievance or disciplinary then this might be a case not to pay, however an employee does not have any control over redundancy and therefore his/her rights are infringed. Or am I looking at a grey area
Just to add to my message above - I thought I'd read you're on three months notice - for 'three months' in my message above replace with what your contractual notice period is. MB,
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