Wording on dismissal letter

[mrs_overall]

My sister has been retired from her job on ill health grounds. When the letter came, there was mention of monies due and the exact wording is "you will receive four weeks pay for each year of service." As she worked there for 10 years she was expecting a nice sum, but instead she has received just 4 weeks pay.
Can her employer be made to honour what they have stated in writing to her?

[mrs_overall]

Thanks for that Zacsmaster.
When she queried it with the county council pay department, all they would say is that SHE was misunderstanding the meaning!

[shomer42]

I have never heard of anyone receiving 4 weeks pay for each year of work. It seems high. She preumably resigned and was not made redundant? I would read the original employment contract it should say her entitlements. Her employer will have a copy.

[buildersmate]

No, Shomer, you don't understand. She was not made redundant and did not resign - she was dismissed on grounds of capability. And there will be nothing specifically in the employment contract about this - I'll guarantee it.

I agree with Zacmaster. If this is the wording of the letter was this, she is entitled to 4 weeks pay per year of completed service, and one suspects they have messed-up. 4 weeks is not unheard of, but is rather generous.
However a contract is a contract, and they will have to honour it. I suspect you are going to have to engage a solicitor unless you are happy to start writing letters threatening legal action.

[Ethel]

When did the letter arrive

If it was after she was retired it is not part of the contract. She didn't leave the job because she had been promised this money - the letter arrived after the event.

A contract consists of an exchange of promises - A will do this if X does that - there has to be an offer and an acceptance.

If it was before she left, it may be part of a contract.

[buildersmate]

Two points.
Firstly, you are of course right about contract law, and I neglected to say this. When I have done these sorts of letters, one gets the employee to sign acceptance of the letter.
Secondly, the way this usually works is employer has discussion with employee along the lines of "look mate, we know you aren't well and we are prepared to allow you to go early. If we made you an offer of XYZ (and quite often it also involves enhanced contributions into pension) would you be happy to leave?" The letter is then constructed. Technically it is a dismissal, not a resignation.

[mrs_overall]

Thanks for your answers.

Ethel - the letter arrived 2 weeks before the date she was "finished" at work. The letter stated she was being dismissed on grounds of ill health.

Does this make a difference?

[mrs_overall]

Also, there was no face to face discussion on the matter. A month before this letter arrived she DID go into work for a prearranged meeting (at their request). She was promptly told to go straight home as she had just submitted another sick note and was told "as you are still ill there is no point us having this meeting."

[Ethel]

Ah yes, in that case she should certainly press for 4 weeks' pay for each year of service'.

How has she been paid? Is she has been paid by cheque I strongly advise her not to bank it.

I suggest she sends a copy of the original letter (she must keep the original) by recorded post, with a letter saying she rejects the payment as it is not in accordance with the agreement.

[mrs_overall]

Once again, thanks Ethel.
When she received the letter there were 2 copies, one of which she signed and returned as requested. Even in my uneducated eyes, this makes it a contract.
She is now going to seek legal advice.

[Ethel]

I hope it goes well for her. :)

[mrs_overall]

Update:
My sis bumped into her ex union rep and told him the story. He offered to take it on board as she was still a member of the union when she received the letter.
He's sought legal advice and apparently it IS a legally binding contract. The HR dept have admitted it was a clerical error but they are stuck with it! Yipee!

If Ethel & buildersmate read this, thanks once again.

[Ethel]

Hurrah!