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Right to Retirement Gift?.

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JaneDuffell | 09:18 Mon 19th Dec 2011 | Law
21 Answers
I am retireing after 10 years service and according to my contract of employment I should receive a gift amounting to £250.
My manager has advised me because my pension will be much higher than average for the time I have been with them as I have paid for additional years service, combined with the fact I was receiving a pension from my previous employers, the fact I live at the most expensive address and always ran the best car in the workplace while working for them he feels a gift is not justified in my case.
He has also said even though the amount is detailed in my contract there is never an entitlement to a gift.
Is he right?.

Jane
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Your manager really said those things? Was he not pulling your leg?
To my knowledge if it's in your contract then you are entitled to it, however there are some God awful gifts they could get you if they'd a mind to amounting to £250, so since there seems to be some bad feeling I'm not sure I wouldn't just let it go, rude of them though it is.
If it is a long term employment bonus and is written into your contract then it is not a 'gift' and you are legally entitled to it. I fail to see what your address or type of car has to do with it or why you mention them.
Are you sure they are not winding you up and will surprise you with a nice gift?
I gather Jane mentioned the car/house because her boss used them as 'reasons' not to give her the bonus.
I mistyped that but I'm sure you know what I meant
I wonder if it might be a leg pull these things are usually sorted out automatically by the HR people... however if it is in your contract they can't refuse to give it...
The more I read this the more I think it is a leg pull as well. They are probably planning a surprise.
It sounds a rather perverse 'leg pull'...and Jane would know if her boss/workmates are the type to do this sort of thing.
I don't think I would want any gift that was not given with good feeling behind it. I'd let it go.
-- answer removed --
Hi China Doll

My husband passed away when he was 51.
Under the terms of his pension scheme I was entitled to his full aquired pension between when he would have been 60 and 65 and then half of the pension for the rest of my life.
A few months before he would have been 60 I contacted the trustees and they told me in all other cases the widow did not want the pension when it had been a long time between the death and the payment date and he would not expect it to be paid if his wife had passed away several years before.
I did however state I would take legal action if it was not paid as it was several thousands of £'s per year and it was paid with bad feeling.
My husband paid for his pension and paid the extra for a widows pension so he obviously wanted me to have it.
I never got any of his retirement gift however,


Amy
Wave your contract in front of his/her nose and say you will consult your solicitor. What have you to lose - except £250.
if they were reluctant to give it, i think i'd be even more determined to get it, not less!
If the gift is part of your Contract of Employment you are entitled to receive it unless it is a conditional gift.
Amy

I think they should have said most widows did not realise a widows pension would be payable and they did not contact them to advise them of their right to the pension.
If your pension is never claimed it would as you say be several thousand £'S per year saved for the employer.
AmySullivan's case seems very unusual to me and I wonder whether there was a misunderstanding somewhere
Hi Factor 30.

I worked in a pensions department for a large factory and most of the workers were not exactly legal eagles and I do not think some of them really understood pensions.
We did write to ex employees about 18 months before their pensions were due for payment but we only got replies to about 70% of our first letters.
We did catch up with pensioners in most cases in a few cases a year plus after payment should have started.
Some of the pensions were £2,000 plus per year which could make the difference between a skimpy and reasonable retirement,
I even had pensioners wanting to take me for a drink or meals etc when I caught up with them.

Les
I think we are agreeing Lesjames. I have never heard of trustees ever trying to discourage widows from getting their entitlement and paying with bad feeling, so I wonder if there was just a misunderstanding
My husband developed a brain tumour, he was in hospital/hospices for 6 months before he died. His company made him redundant 2 months before he died. I asked about life insurance and pensions. They assured me they had transferrred him to "Another branch so they could advertise his position) so all benefits would be paid. 2 days after he died they arrived to collect his company car. I did not receive the £42,000 lump sum life insurance that was due instead I get £11.00 per month pension. How fair isthis, I did not know where to turn so did nothing.

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