landlor
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Income Protection Insurance
landlor replied to landlor's topic in Payment Protection Insurance (PPI)
Many Thanks HB and Unclebulgaria. I have escalated it to ActiveQuotes and they will get back tomorow. I will await response from the Guru that HB mentioned. My policy wording is also the same. Its so unfair of insurance companies to draw away the safety net when needed. It is more profitable for them to sell policy to a wrong person since he/she will not be able to claim at all. It becomes a risk-less gain for them. -
Income Protection Insurance
landlor replied to landlor's topic in Payment Protection Insurance (PPI)
There was no signature as such. everything over the phone. If I got the policy started before the mortgage started. Don't see how that effects the root of contract. -
Income Protection Insurance
landlor replied to landlor's topic in Payment Protection Insurance (PPI)
An advisor from ActiveQuotes -
Income Protection Insurance
landlor replied to landlor's topic in Payment Protection Insurance (PPI)
Yes, thats the policy. I got a call from them after I did a search on gocompare for income protection policy. A lady called me back in Sept-15 and as I had not completed my probation yet, final purchase was deferred till 17-Dec-15, after my probation was confirmed. Can you please advise? How else will people purchase protection for mortgage? Naturally before mortgage starts? -
Income Protection Insurance
landlor replied to landlor's topic in Payment Protection Insurance (PPI)
My mortgage was offered by HSBC, on 25-Nov itself and was in wait only for exchange to happen. I had already paid the mortgage fees. Does that help? Also does it matter weather I had mortgages the time time of purchasing policy. I anyway had one in Feb and had bee paying the premium. And if I was not eligible, then can they sell the policy? -
Hello Friends, Are Insurance companies allowed to sell policies to people who are not eligible? I had bought MMS homeowner policy in Dec-15 and when I went to claim today, they refused saying that I was not holding mortgage in Dec-15. I had a mortgage in Feb-16. i had taken this income protection policy in Dec-15 in advance so as to protect me from commitments of mortgage. How was I wrong in that? I don't remember what questions the seller (ActiveQuotes) asked me when selling this policy with regards to my eligibility. Its possible that because I was going to have a mortgage soon, just waiting for exchange to happen, I would have said that I have a mortgage. However, that is speculative. If it was so mandatory should they not have asked documents to prove my current mortgage. They did not give me insurance initially in Sept-15 as I was still in probation and had not covered six months with my current employment. So should they not have checked for my mortgage as well. And given that I anyway soon became mortgage owner, do I not come under the cover. Excerpt from the Policy: You are eligible to take out this cover if you are: Living in the UK. Named as a person responsible for a mortgage or named as owner of your primary residence. Does this clause mean that I could not have bought the policy? Any ideas on this, please. Can the insurance companies sell such important policies without checks and only to leave the person stranded when he needs it?
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Do informal discussions count? Can I not say that I don't need to attach any importance to anything that is not formal. Why should anyone take informal communication seriously?
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If I accept the SA, will it still be a problem with my second policy? If I get email from employer confirming that there was no motion against me ever, that will make me safe, I believe.
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But is there a proof to what was discussed in the meeting. I actually have two policy from the same company. One I took one year back but that does not cover disciplinary and another one this September.
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@Bazz, Its as if the meeting never happened. That's what the solicitor himself said when I once asked him what is meant by Without Prejudice clause pronounced at the beginning of those meetings. I was sent an email in second week of December about date of hearing. That't the first formal record of motion. Also informal discussions and without prejudice conversation, Does one need to attach any value to them unless they are made official.
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Thanks HB and Bazza for reply. If those meetings were never recorded or minuted, what will be the basis for employer to say that I was made aware of potential termination. I was asked to switch off my mobile, just in case there was any recording going on.
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If their response to SAR does not include details of these meetings, then am I safe to assume that the employer cannot not later tell insurance that I was aware of potential termination.
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Thanks HB for continuing to reply. I wish other members do no feel disgruntled with me. I only want to save my job. My policy covers unemployment even if due to performance and disciplinary issues. It says that I should not be aware of any impending unemployment. I bought this policy when meetings were all on Without Prejudice basis with no recordings or minutes taken. Can I place SAR request to employer to find what data they have about me? If their response does not include details of these meetings, then am I safe to assume that the employer cannot not later tell insurance that I was aware of potential termination. How quickly are employers supposed to respond to my SAR request? Will their reply to SAR be binding on them?
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I am thinking of declining. The hearing will be fully recorded and I will mention all the misdeeds of manager and show that he his actions clearly show that he is prejudiced. The appraisal done in Feb and end of August did not mention any significant performance issue or complaints from other managers. How can he then within one month bring out performance issue? Besides this his unwarranted bullying will not have a good impact on my motivation and moral. Their only reason for dismissing me is that three other managers are saying the same thing? Not sure how strong is this as evidence. After all they are just part of employers and a collusion cannot be denied. After all the managers have nothing to lose, unless they can show evidence of poor performance. Just telling cannot be held sufficient, I believe. If they still dismiss me and cause my insurance to be invalid, I will take them to court for giving a wrong judgement and causing me financial loss.
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Finally after showing evidences of bullying by manager, the employer agreed to make it a clean exit and paying one month contractual and one month severance. However I feel like going for hearing and defending myself. I am not wrong and my performance has been good.
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Fine. Tell me this. If they mention something in reference which gives a wrong picture of me, then can I take them to court. Say I could prove that break down of trust and confidence was due to employers action. Clear example being breach of confidentiality before beginning of disciplinary process. And why I cannot say now, while job is still intact that there has been a breach of Trust and Confidence by employer due to manager telling everybody about my disciplinary process. Raising this issue of breach of contract does not always need to result in termination of contract unless that is the remedy I am looking for.
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No. But then they can't say that it was a Dismissal in my reference. Can they? Sangie, Joe may possibly give a glowing objective reference about NewLyn. But if the manager says that he intends to use it for throwing NewLyn out, he affects the objectivity of feedback from Joe. No? And that's where the problem is. If I bring the colleague in, they will go even more against me. So that's how it is totally decked against me.
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I have already raised it with solicitor that the disciplinary process has been carried out in an inept manner. I have not pressed it though. I will raise a grievance soon. Tell me one thing. If say they were to still dismiss me and mention this in reference, Can I challenge legally that the employer for hurting my career as they never gave me a fair trail by breaching confidentiality and vitiating the environment to my disadvantage. In a disciplinary process, the manager will give his allegations and I give my defence. But if I have been preemptively handicapped by manager, then my trial is not fair. I am not after unfair dismissal but the wrongful dismissal. I am okay if they just and plain terminate my employment and mention the same in reference but the employer is not ready to do that either and thats where my question is? If their termination is wrongful, then cannot say Dismissal in my reference. Can they?
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its not about being obtuse. Even if they knew what such statement could be used for, they could still give and pretend ignorance. But now that the manager has told them and if they give now, there is no way they can avoid being on radar of manager. It does affect objectivity of the statement they could give. No?
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Hello All, I have this question. Given that my manager has told everyone about disciplinary motion against me, it makes difficult for me to defend my case as my colleagues are not ready to give statement since they know what it is meant for. So hasn't the manager vitiated the environment to my disadvantage.
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Sangie, Thanks for your inputs and your arguments do help me to tidy up some of my lose ends on this case. Last come last, I can always claim breach of Trust and Confidence by employer, based on those nasty emails and misdeeds of my manager. When it would come to court, It will be the solicitor (representing the employer) and me. The employer will have to present evidence and not opinion of say some hundred managers. So far they have not been able to give any evidence. If only they had. Also I am not going to move out to a new job just like that. I am not someone who can be browbeaten. If the employer had a strong case they would not have waited for over 11 weeks now. First informal without prejudice meeting was in third week of September Even a months payout for me will be well over a five grands but as I said regardless of payout, Victory will be mine and the manager will lose face in the team. So even if there is no external publication, there will be internal, just like my manager has been doing about me.
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If at all they admit that there has been a breach from their side, they then will less likely terminate my job. I know I may/will still get the same payout when done through ET but that's not what employers prefer. I offered them to terminate my job just plain ( so that my insurance will cover me ) but HR said that they must have a reason for termination. Until now the manager has not been able to prove my poor performance based of job completion time/standard etc. However he has been able to get a poor feedback ( through collusion ) from managers of other team that we interact with. If there was a genuine performance issue so much so as to cause a termination, there would have been many evidences. The solicitor was saying that manager and other team have lost trust and confidence in me. So essentially they will use the implied duty of Trust and Confidence to justify my termination. That's when I would like to cite misdeeds of my manager, with evidences, as a bigger instances of loss of Trust & Confidence. There is no protected characteristic that I have advantage of. I offered the solicitor to terminate my job just plain ( so that my insurance will cover me ) but the solicitor (HR) said that they must have a reason for termination. Until now the manager has not been able to prove my poor performance based of job completion time/standard etc. However he has been able to get a poor feedback ( through collusion ) from managers of other team that we interact with. If there was a genuine performance issue so much so as to cause a termination, there would have been many evidences. There have been three meetings and no proof at all. In fact I was able to disprove ALL of his allegations of me not following his instructions. They have since then stopped alleging that I do not follow the instructions given. They then fell back to poor performance and started suggesting that I rather resign as termination based on disciplinary grounds will harm my reference. The solicitor says that my manager and other team managers have lost trust and confidence in me. He has used this phrase "trust & Confidence" so many times during the conversation that I believe he will use breach of implied duty of Trust and Confidence to justify my termination. That's when I would like to cite misdeeds of my manager, with evidences, as a bigger instances of loss of Trust & Confidence. I have got several emails from manager which show unnecessary criticism and bullying on emails. I believe that in less than 2 years of service, its just that one cannot use implied duty of Trust & Confidence to bring about "Constructive Dismissal" . However one can always show breach of implied duty of Trust & Confidence at any time, regardless of possible payout expectations. ( Don't know if the insurance will cover me for that ). But I don't think top notch employers want to see their reputation being tarnished in ET.
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Thanks for replies everybody. A few clarifications. The solicitor that I have mentioned was actually staff of the firm and looks at legal side of things. It is common for reputed city based firms to involve legal expert in all matters and follow the process. So my manager or employer is not being any extra cautious/right by having a legal expert at the time of discussion. Second, I do agree after reading some of the points that pushing it as defamation case will not be easy. But pushing it as a case of breach of confidence should not be difficult in Employment tribunal, with the kind of proof I have. Besides this I have asked my colleagues and they are ready to stand by me given they can be kept anonymous for internal hearing. The HR is not going to side with my manager is my belief and so have they advised. I have told that I have several evidences of my manager mistreating me on emails and shouting at me in public. On my performance appraisal form where I mentioned on such gross instance of shouting at me in public and the manager has naively admitted to that with an excuse. I have shown the solicitor one such email while I was carrying print out of four such gross treatment proofs. I have not raised it as grievance still as I want to do that only after I am sent a notice for hearing. That way I will be able to extend my job stint to extent possible.
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Thanks for your replies. I am putting all my efforts to keep the job. My plan is to show that despite these many misdeeds from manager, I am continuing to work hard. If they still fire me, then I will raise case for defamation. But changing job is no no for me. Any suggestions after I clarified that manager has been telling people that I am going out of company ( and not for disciplinary ). How can he say that I am going out of company when even a hearing has not been set-out.
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Thanks all for replies and the advise/concern. The manager has told everybody that I am going out of the company, not just to disciplinary meeting. Also I am not wrong so why should I be looking for another job. If the managers case was really strong, HR would have been quick in taking action. I think they are waiting to collect evidence for any mistakes I make now. The manager cant disclose these things. Weather it is breach of confidence or defamation of character is another matter. Whatever it is, is unfair to me. So I am not leaving job as I am not wrong and the manager has no evidence to prove my poor performance. The HR was consistently telling that there is loss of trust and confidence and they will use this implied term of contract to push me out. I am collecting my side to show that it is manger who has breached trust and confidence. It may be a gamble but I will play this. I still think I have a case. The manager can't just go and tell this to everybody. I have solid written evidence from my collauges. I shouldn't be intimidated. I will rather turn the table and get the manager a warning, even before my hearing is done. If they initiate a hearing, it is they who will be getting into trouble. The solicitor knows this as I have already shown him some emails from manager which were in bad taste.
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