TUPE and Death in Service

[aliceinw]

Hi

 

I was wondering if any one could give me some advice about whether a Death in Service benefit can be claimed by someone who has been tuped.

 

My sister died earlier this year and had been working at the same site for a number of years.  In that time she had been employed by three companies and been tuped over to do the same job - I have managed to get copies of the contracts for two of the companies:

 

1st company - I have a copy of the contract there was no death in service but the tuped document specified that extra benefits would now be available from the new company.

2nd company - I have no contract but I was told that there was a death in service benefit but it was discretionary - I have an email from the company stating this

3rd company - No mention of death in service in their contract but it did say that "a copy of your previous terms and conditions should be forwarded or without evidence" the new companies terms would apply. 

 

I'm just trying to do the best for my niece so could the second companies death in service be applied to the last company my sister worked for if I had a copy of the second companies contract even though they have said it was discretionary.

 

Any help in trying to sort this out would be appreciated.

 

[unclebulgaria67]

Sounds like a legal minefield.

 

Is company 2 still in existence ?   If they can still be contacted, you would need to ask for a copy of their discretionary terms and conditions and confirm they applied to your Sister.

 

Company 3 may not have individual employment contract details from the previous company and may not have details of the discretionary scheme.

 

If you managed to get hold of all of the information required from company 2, in theory company 3 would have to consider an application for discretionary payment, but if they declined a discretionary payment, it would depend on the terms and conditions. This is where someone legally trained would have to study the terms and conditions very carefully.

 

Discretionary arrangements tend to be fairly complicated and until you see the exact terms/conditions, you won't know whether you can pursue this.

[honeybee13]

I'm sorry to hear about your sister.

 

Are you executor? I'm wondering if it's worth whoever is the executor sending an SAR to the company asking about benefits and also paperwork for the TUPE transfers.

 

The reason that the DIS is referred to as 'discretionary' is normally to do with not incurring an Inheritance Tax charge when it's paid out.

 

HB

[aliceinw]

Hi 

 

Thanks for replying - in response to questions yes company 2 is still in existence and I am the executor.  I have asked Company 2 for a copy of the benefits and to be fair they have been helpful but they have said that as it wasn't a contractual benefit it didn't form part of the tuping over process.  I just think as Company 1 made such a big deal of the benefits and that she then had DIS on Company 2  then it should have been honoured by Company 3 - my sis didn't earn enough to be bothered by Inheritance Tax so we aren't talking a lot of money but it would help my niece when she leaves college.

 

Think I'll try Company 3 to see if there is anything they can do as previously when I spoke to them I didn't have any evidence that DIS had formed part of her contract in the past - it was just a rumour.

 

 

[honeybee13]

If you're going to pursue this on behalf of your neice, I still think getting all the information will help your arguments.

 

An SAR is free and they should send the information within a month.

 

HB