Employer not providing benefits in my contract

Discussion in 'Work, Careers, Employment rights, further study' started by mbradso, Aug 31, 2018.

  1. mbradso

    mbradso New Member

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    As per above my ex-employer allowed my health insurance to lapse due to non-payment, this was a BIK and they covered full costs.

    I did not have any claims throughout my employment and I was charged BIK so assumed this was in place and only found out when I tried to make arrangement to pay premiums myself.

    The insurer wants to treat me as having break in cover and I will therefore be subject to waiting periods and community ratings. I will be bringing a case to Financial Services and Pensions Ombudsman regarding their decision.

    In terms of my rights with ex-employer what obligations did they have regarding the benefit detailed under my signed contract of employment?

    Thanks
     
  2. Leo

    Leo Moderator

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    9,155
    Are you saying your employer did not pay for health insurance while you were still an employee in good standing? Even though they deducted BIK from your pay? What do they have to say about this?

    If your employer was not paying premiums in your name to the insurance company, the insurance company are perfectly entitled to now treat you as having a break in cover. There is little to be gained lodging a complaint against the insurer unless your employer has provided proof that payments were being made on your behalf.
     
  3. odyssey06

    odyssey06 Frequent Poster

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    I think in your complaint stress that insurer did not notify you directly.
     
  4. mbradso

    mbradso New Member

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    Correct Leo. The insurer alleged wrote to me and advised cover cancelled but I never received this letter.

    Insurer have advised ex employer if they paid premiums that should have paid, I will be deemed not to have a break a cover but so far my ex employer has yet to agree this.

    They are a large multinational but seems they do not wish to back pay these. I think I will have to go down legal route using the contract of employment breach.
     
  5. odyssey06

    odyssey06 Frequent Poster

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    How long a period are we talking about? Is there no option for you to pay the premiums and seek redress from the employer to avoid loss of cover?
     
  6. DeeKie

    DeeKie Frequent Poster

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    Have you written to the employer? A good strong clear letter can work wonders.
     
  7. mbradso

    mbradso New Member

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    Last edited: Sep 5, 2018
    I have been in constant contact by email with employer for 2.5 months, I have gave them until end of this week. The period of unpaid premiums is 3 years so would be €4.5k.

    Employer is focusing on the letter the insurer issued to me advising cover was cancelled, as they were not explicitly told by insurer my cover was cancelled.

    Employer obviously did not reconcile invoice schedules, renewals or regularly check BIK - Revenue have advised me they should have been doing this.
     
    Last edited: Sep 5, 2018
  8. Jim2007

    Jim2007 Frequent Poster

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    So for the last three years of your contract the company failed to pay the premiums is that what you are saying?
     
  9. mbradso

    mbradso New Member

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    Yes 2 years 11 months, my whole employment.

    At this stage it looks as though I will have to go down legal route and go after them for breach of contract (if that is even an option).
     
  10. Purple

    Purple Frequent Poster

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    It sounds like you have a very strong case (and an appallingly bad employer). Have you contacted Workplace Relations Commission?
     
  11. Sunny

    Sunny Frequent Poster

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    Something doesn't sound right here. You worked for a large multi-national company and you had a contractual agreement for the company to pay your health insurance premiums. Each month for three years, the company applied BIK to your payslip but the premiums were never made by company? I have worked for a few multi-nationals and I might be able to complain about a few things but not adhering 100% to contracts or not fixing any errors when pointed out to them is not one of them. I am not doubting something went wrong but are you sure there isn't more? If there isn't more to this, then they are 100% in breach on their contractual obligations. If you are not getting any joy out of the Irish branch, consider going to their HQ and making some noise. Might save you having to go down the legal route.
     
  12. mbradso

    mbradso New Member

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    This is 100% what happened. I am dealing with Head of HR for UK and Ireland, employer is focusing on cancellation letter that was issued to me which I didn't receive. There have been silence for last 2 weeks and I have sent 2 emails in that period.

    I know the company and their practices very well, they have tried to strong arm the insurance company based and volume of business (on top of healthcare) they place with them or they are arguing internally whose budget this is coming out.

    I am on leave week after next and have have solicitor appointment lined up I cannot see how else I can progress.