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Found 23 results

  1. Hi, Looking for some help and advice, my partner has been off work for the last 6+ months with a long term illness (Mental Health). Her employer has now stopped paying her SSP. We have made a successful claim for PIP and also now receive tax credits. We haven't received an SSP1 form from her employer but are they required to send one or do we need to request one? Also how can I find out if she is entitled to anything else? Thanks in advance for your help with this, its just unfamiliar territory and need help and guidance. Have a good day
  2. Could anyone advise me about the accrual system please? This is regarding a casual worker but employed on PAYE with different shifts/days every week, averaging 40-48 hrs a week. No contact or statement of employment has been given. Payroll have a formula to work out holidays accrued per hour worked, which is fine, but payroll appear to have total disregard for UK employment law, ie. casual workers aren't entitled to SSP, and SSP can't be paid in the same week as holiday pay!!! my first query is does holiday entitlement accrue during a holiday day?( if 10 hours holiday pay is given does 10 hours holiday allowance accrue?)) secondly, I know that holiday entitlement accrues during sickness, but if only entitled to SSP, what hours would the entitlement be based on? Thank you
  3. Hi me and my partner have a bit of a problem and not sure what to do I'll go into a bit of the back story so bare with me. I stopped working in November 2015 due to issues with my right hand and was diagnosed with Parkinson's March 2016, I put a claim in for PIP May 2016... Meanwhile my partner was the sole earner from November 2015 and we were getting WTC to top up her wages. My partner went of sick from work with depression the 4th July 2016 and started getting SSP 11th July 2016 we then made a claim for HB/CTB and still getting WTC, then I got my PIP claim (£55.10 Standard rate Daily care) in September backdated from May which in turn entitled my partner to Carers Allowance as she cares for me got that backdated to August. Fast forward to the 22nd of January the last day of 28 wks of SSP ( Or so we thought) we cancelled the WTC from the 22nd due to the SSP ending… My partners employer supplied a SSP1 stating the date 22nd and we started an Income Support claim 23rd January we were started on a rate of around £30 a week the calculation included the SSP, she then supplied a letter off her employer stating that the last payment of SSP she received is her last and no more SSP is due, the IS was then backdated from the 28th January recalculated without the SSP on so that added an extra £88.45 a week on top of the £30ish a week we were already receiving. Here comes the issue we checked the bank and my partner has had a token payment from work of around £35 which were guessing is SSP (not got her wage slip yet) but upon checking her old wage slip with the 1st SSP payment on it seems instead of my partner getting 4 weeks SSP they gave her a days holiday (she never requested it) then the rest SSP which could be the result in the £35 payment a days SSP... The head office deal with payments (which is based in Birmingham) so I am guessing why her employer has gotten confused on the SSP end date. What do we do? As informing IS about the days SSP payment will cause an overpayment of around £350 to my reckoning and it will need recalculating once again with the small SSP payment then once again once her next pay date is due which we'd like to avoid due to fact it took awhile to get the correct IS issued to us had to chase up for letters, keep ringing up,jobcentre visits etc... Could we ask her employer to take back the £35 odd payment by maybes giving the holiday back they gave her/or something on them lines which would be the easiest option and not have to inform IS? Quite a mess up by her employer. Thanks Trev.
  4. Brief details firstly 1. age 67 therefore receiving State Pension 2. Work for an agency virtually full time 3. Contract I have been on for 3.5 years is just about to finish 4. Although still registered with agency jobs will be as and when 5. Due in May to have operation So my question is, a) morally and b) practically would I still be entitled to SSP ( and accruing Holiday entitlement) even if I have little placements between now and Hospital? I don't, at the moment intend to "resign" (Cant be doing with being an idle pensioner!) I had an operation last October and took a total of 6 weeks off whilst working full time and received SSP and Hol Pay for this period I am just interested in whether it is correct and indeed ethical Many thanks for opinions
  5. A question for something which is coming up, I am 66 working more or less full time and therefore I do not have NI deducted from wages, only PAYE Question is I am due in probably late Summer to have a hospitalization and then 6-8 weeks before fit to return, Am I eligible for SSP ? Working Tax credit, should they be informed when off sick ? Should I claim Housing Benefit and Council Tax benefit for a non working period Thanks for your advice
  6. I am hoping someone can give me some advice. My partner has been signed off work since September and has all his sick lines etc from doctor. His boss has point blank refused to pay SSP, has threatened us and has said he doesn't want him back but not given him a p45 or SSP1 form. We are dealing with a lawyer with regards to the refusal to pay SSP and unfair dismissal and the cases are progressing. However we have just been told that he cannot get ESA because he should be getting SSP and we have no way of proving that he is not getting it. His ex employers are not nice people, I don't need to go into the details but they will not give us anything believe me and after spending at least half an hour on the phone to ESA helpline they will not change their decision without either form SSP1 or a letter headed letter from his old employer - neither of which I can get. I don't even have anything to prove when his employment ended. They advised claiming jobseekers which shows how much they know about their own system since you cannot get jobseekers if you are not fit to work. We don't expect him to be fit for work in the near future. Surely there must be something we can do?
  7. Hi, My husband works full time, I'm a stay at home mum...but now looking for work and have been for the last few months. We do claim tax credits but I don't actually claim a penny for myself as I'm not entitled to anything due to my husband working. I also don't really know anything about the benefits system as before I stayed at home, I always worked. My husband is currently off sick from work. He picked up a full wage on Friday (which is a month in arrears for sick pay) and has been informed that he is not receiving any company sick pay, just SSP and at the end of September will just receive that for the period 9th August to 5th September. Which is going to leave us in a right mess financially. My question is this....due to my husband currently only receiving SSP temporarily, can I claim income based JSA for the weeks he is off sick? As I'm pretty sure if we were both unemployed and receiving benefits, we would be picking up more than he will be getting. Thanks for any advice.
  8. I work 4 hours a day but these 2 weeks i have been off ill. I have got a sick note from my doctors so do i need to send it in to anyone? I get paid at the end of the month so does that mean i will receive that payment? I get £10 an hour. thanks for any advice in this matter!
  9. Good afternoon Hope someone can help. I am new on here. Currently working for my current employer for nearly 4 years, been a good worker however I have been signed off for stress at work for 4 weeks now due to what I would view as bullying from my line manager. This is an ongoing issue that HR are well aware (and witnessed once) of and I am very anxious about returning to work and am actually considering leaving for another job. Anyway last month I was off for 2 weeks of my monthly pay period backed up with sick notes and I'm 2 weeks into being off this month. Last month my wage was paid as normal. I assumed that this was normal policy and maybe because of being off with stress at work the ssp threshold did not apply to me. Today I was meant to be paid, logged on to my bank and no wages but all my DDs are showing as taking me into an unauthorised overdraft. I spoke to HR and they said that the woman in charge or salaries is off but as I was overpaid last month, I should have been on SSP for 2 weeks they have paid me SSP this month but as I was overpaid it means I don't get a wage this month. This wasn't communicated to me, its not that i want money for nothing but I now have a full month and rent bills etc to pay and no money. I do t even have the money to go to work and I'm not sure what to do. Is there any agencies who can help me with some money until I'm back at work or would I be better leaving and making a claim for ESA whilst I'm off sick? Never been on benefits so I don't know what to do. As I say if I've been paid too much it wasn't explained to me how for this month and potentially next month I won't get a wage.
  10. Hi all, I am desperate for some help on where I stand please. I was a bus driver for Arriva London North, I was interviewed around this time last year and at interview declared I have severe asthma that I treated at home usually with rescue packs but on some occasions these did not work so I needed further treatment meaning absence. I was hired with the full knowledge of my illness. I was placed at a garage in March 2013 after my training and started actual employment as a driver rather than a trainee. I have been absent three times for around 3 week periods and once or twice for one or two days with sickness that I picked up from my children. The 3 week periods were because of severe chest infections that required stronger steroids and antibiotics that made me sleepy and moody so I could not drive a PCV vehicle. ALL my absences have been backed up by doctors certificates and one time with hospital paperwork confirming my admission with pneumonia. When I ended up with pneumonia, this was caused by the companies lack of support in providing me any reasonable adjustments. I explained to the company management numerous times that I could not breathe on the older version of buses (these being 2003 plate volvos) as the air blowers only blew hot air and the air conditioning that was fitted did not function. This caused my breathing to worsen as I needed cool air. The week before I was admitted to hospital with pneumonia I was forced to carry on driving a old volvo which blew hot air at me and could not be turned off. This was during one of the heatwave we had in the summer, this made my breathing very bad and resulted in a severe infection and hospital admission. When I returned to work following this illness I was again given this bus and route to drive but I refused on health reasons and was changed to a different route with newer buses for a period. Although I was changed, I was then put on three weeks of late shifts meaning I did not have anywhere to eat a hot meal (bearing in mind I am on constant regular medication), I again raised this with the garage management but nothing was done. In the end I raised this with the garage Operating Manager and he said he would look into it. I did not hear anything back The 3 weeks of lates I was given was not correct as the rota pattern should be one week of early, middle then lates on a constant loop. This long stint of late shifts again, made me ill resulting in more time off. As I could not use my neb when I needed it during my breaks as they were not long enough. This was because the bus change over point was a 10 minute walk from the garage each way, the breaks were only 45 mins max if you were lucky. So by the time I had gone to the toilet, sat down and gone to prepare my neb it was time to leave again. Now to date, I was sent letters to attend "probation review" meetings. These letters either arrived the day after the meeting or on the day of the meeting - my postman often arrives around 1300 upwards. Meaning I did not know about the meetings with a reasonable notice period. The letters were sent from North London to Essex/London border. The final letter received was sent next day delivery, which I received and I attended the meeting. At this meeting I was dismissed under the guise of "unsatisfactory attendance" during probationary period. I was off sick at this time also, altho my sick certificate ran out on 10/11/13 I was trying to get into my doctors to see if I could go back to work. I finally got an appointment at my doctors on 09/12/13 and was issued with a backdated certificate which ran from 10/11/13 to 16/02/14. The company are now saying I am not going to be paid my SSP for the period of 10/11/13 to 02/12/13 when I was dismissed as it took me too long to submit the certificate. Apparently not being able to get an appointment with my gp is not a good enough reason. Lastly, today I have been emailed my pay slip by payroll which has a deduction on 384.56 under the heading of "lost equip". Now, when I attended on the 02/12/13 I returned all the equipment I had with the exception of the Staff pass issued by tfl as I did not have that with me. I posted that back when I got home. There has been no breakdown of what this "lost equip" is or notification of the deduction prior to me receiving this pay slip so I have had no opportunity to sort this out. I know there is a lot of information above and it may be jumbled as I have written it as ive thought of it. Regards Bill
  11. Hey all, I've been off sick for a few months now and today was told they do not think I will be paid for the April bank holiday. Now as I understand 28 days per year is a legal requirement and I get 20 from work and the 8 public holidays.. So regardless of if I was on SSP I should still get 28 days as on SSP you still accrue holidays as you normally would. Thanks!
  12. Hi, I have put in a claim for SSP with my employer mid december and despite numerous emails from myself asking about it they have mostly ignored me and fobbing me off. My first day off was the 5th of November and I gave them my fit note on the 19th December and not heard back since. I have had another month off since that period and despite working for a smallish company they don't seem to be doing much. My time off was because of a disability and connected to it. In the mean time I have had letters threatening me with gross misconduct. I have been with the company for over 12 months now. I have been emailing HR everyday this week and just been ignored other than a message saying 'sorry I'm snowed under'. I don't get any form of sick pay from them so SSP would be very helpful. Also they had my medical records from last year but they have lost them and want me to give them permission again. Any ideas on what to do?
  13. Hello there, I was wondering if I could get advice. I have been on long term sick from February, and work have caused trouble for me from the start. I am involved in a long struggle with my employer over money. They also do not believe my medical problems and went as far to call me factious and claiming my sickness was not genuine. (they basing this on a medical I had who was assessing me on a incorrect problem) They stopped my SSP after 13 weeks claiming my sickness was not genuine.( HMRC got it reinstated for me) While this was being sorted the gave me two payments of SSP "accidently" and as a result of this took it out of holiday pay issued to me without my authorisation. I am trying to get this money plus holiday pay still owing to me back off them. They are claiming I am not owed anything. They did not pay me for: 1) August BH (contract states they would) 2) Money taken out of my holiday pay for the accidently paid SSP 3) 3 days holiday pay from last year 4) Christmas day, Boxing day and New Years day ( all classes under contract as BH ) From what I have worked out almost £700 is owed my them. Work claim they do not owe any of this money, and I started employment tribunal proceeding for it this week Does anyone have any advice on this they can offer. I am new at this type of thing, never been to court in my life. I started proceedings under ACAS recommendations as they are refusing to talk to them, or pay the money. Anything that might help would be appreciated- thank you.
  14. My husband had skin cancer on his nose 2 years ago and had surgery to remove and recover the area with a skin graft. Two years later he is very unfortunate to get another skin cancer 1 inch down the nose. Not related, just very very unlucky we are told by doctor. His Employers at the first one "take as long as you need its ok" and on full pay. This time, after giving them over a months notice, he was told the day before the op "you have to take sick days, of which you have (x) 4 days then the rest of any time off you take holidays, inluding next years, otherwise go on SSP. How does he stand? or not ? Thanks for your help
  15. hi guys... I have Glandular fever, and have had it before... last time i had it i was in college, and although i attended, for about 2-3 months my lecturers thought i was drunk whilst in class because of the state i was in (sleepy, no concentration, ETC ETC) now, i had a weeks holiday last week from work, and as you could guarentee, fell ill whilst on holiday. dr said i can expect to be feelin like crap for about a month (which i enlightened him to my previous two episodes of glandular fever)... told by my employer that i should get about £70 / wk in SSP. (he doesnt deal with payrol so not certain of the amount) but obviously this isnt anywhere near as much as ESA/JSA ETC... is there any form of help i could get elsewhere? such as income support? i tried calling the benefits line today, and got through to ESA line. they were telling me because im getting ssp (which is no where near JSA rates) i dont qualify? WTF? i need to worry about paying my rent ETC too. i popped to the council with sicknote, told them etc (BTW, im apparantly contagious - but when i called them they said i needed to bring proof in) they then said the notice will effect from next monday... but, what i need to know is: do i need to notify WTC that i wont be working my usual hours? - therefore the £80/month stops too? Also, I have a CSA case where i pay £46/wk. obviously this is a big wack out of the 70ish ssp... how is this going to be effected?... tried calling them, and they said im still liable for the full 46? WTF? 15% of net income... which has now dropped considerably... i need to support my 2 kids and wife also and if im off work for a month, i dont see how i can manage... any help please?
  16. Something that's been worrying me for a while... I work limited hours because of ill health. I'm coping at the moment but I have one day contracted and do one or two (at the moment two) extra days which I claim for as extras. One of them is due to a colleague cuttng her hours, the one that's temporary is due to another colleague leaving. (That job will soon be advertised but as a four day job). If I'm off sick I only get paid for the contracted day. About two years ago I was very ill and that illness lasted a month. Financially I was okay during the month as I claim for the extra hours at the end of each month so when I became sick at the end of February, I had just claimed for work done in February for which I was paid on 26th March. However when my pay came in the next month it was just SSP for the one day a week done during late Feb/March and at the time that totalled £293. I imediately put in a claim online for benefits as I barely had enough to pay rent and a few bills. I was clled back and told to claim ESA which I did. A few days later I was called and asked whether I got Statutory Sick Pay. I told them that I did but explained the amount and the contract v overtime situation but was told that if I got SSP I wasn't entitled to ESA or any other benefit. This is worrying me as that particular condition could come back (it has once although luckily not as severely) and my health condition fluctuates. I daren't be off sick if I have to live on so little. It would be a bit more now but still wouldn't give me anything to live on. Was I properly advised? Could I have claimed anything? I can't bethe only person on a varied contract who would not get enough SSP to live on but getting SSP rules out benefits?
  17. Hi there, Really needing help with this issue! Currently, i own my own hairdressing business. I employ 4 staff members. One of my staff members had been acting inappropriately at work, e.g bullying other members of staff, personal appearance and attitude, turning up late for work, which forced me to give her a numerous verbal warnings. Almost 4 weeks ago now, she turned up on the busiest day of the week, seemingly under the influence of alcohol, i spoke to her about his and told her she will be given a final warning in form of a letter when she returns and was told to go home for the rest of the day. However, the next working day i recieved a phonecall from one of her family members informing me that she was not returning to work this week as she had a doctors line for "depression", it has now been four weeks, and she has provided more doctors lines to cover her off work with SSP for at least another six weeks. I have since been told by mutual friends that she is actively seeking another job and has no intention of returning, she has also been seen behaving drunk and disorderly in public, and due to the nature of my business, her clients have become aware of this and it is harming the image of my business. Is there any way i can dismiss her in grounds of redundancy as she is not bringing in any clients while off? I was wanting to dismiss her prior to this, but now i feel i'am stuck paying for her being sick (which is seemingly untrue) while she enjoys days off searching for another job? I have also discovered i'am pregnant and the stress of the situation is getting me down. I was just wondering if you could advise me on actions that i can take in this circumstance?
  18. Hi there! I'll try and keep this short but it's a bit complex. I am currently experiencing a relapse in M.E. (CFS). I last had it 9 years ago and it took me about 18 months to get right. I have been signed off by my GP for just over 4 months. My 28 weeks SSP ends on Sept 17th 2012. My current employer did not want me to return until I could manage one full days work (7 hours) which I explained could be some way off achieving. They were happy to run to the end of the SSP period and see how I was and even wait after that for me to get fit enough to return. I am awaiting an appointment with a specialist clinic my GP has referred me to. Unfortunately my employer has been diagnosed with terminal cancer and is selling the business. I have met with the new buyer / employer to be to discuss my situation. He is not really aware of SSP laws etc and I tried to explain that it is the employers duty to ensure that by returning to work, even on a phased return, an employee shouldn't earn less than the current rate of SSP. He asked what would happen if they did, was it LAW. I said it was an employers responsibility to ensure the employees financial situation regarding these facts. I said I was ready to return to some sort of work but am contracted for three days a week and can only really manage 3 hours a day, four at a push. My job involves a deal of repetitive movement and requires we remain standing for the duration which is difficult some days for me, not others. He suggested 3 hours per day for five days but I said as I haven't tried any hours for months I honestly don't think I could commit to that. I said in some ways it would be easier to just start a new contract for four hours, three times a week and he jumped at the chance. Basically he doesn't want to pay me if he's not getting something for it, reading between the lines. His solicitor advised him to make us all redundant and re-employ under new contracts but I made him aware of TUPE and suggested he inform his solicitor of it also! I said if he didn't want me to stay and I wasn't fit for the hours required in a phased return then he should request a medical capability report once he is owner and take it from there. I won't put up a fight. I'm honestly not sure I can do a job that physical again in the future. But now I've read TUPE I see he shouldn't really alter anyone's contracts??? If I agree to less hours, I won't get NI paid and if I signed a new contract and it didn't work out I wouldn't be able to claim ESA or job seekers? So am I better to stick to my guns and see it through the proper channels, whether he likes it or not? He siad he will make me redundant then and re-employ me but said 'what if you don't re-employ me?' and he said 'there's a certain amount of trust involved'. May be so but I'm not feeling trusting. If he offered redundancy I would take it, I know it wouldn't be much, only arounf £500 plus accrued holiday but could I still claim ESA or JSA if I accepted it? I fully intend to work again but right now, this is all sapping very precious energy and I just don't think I could manage what I initially agreed to. My Husband is concerned by returning for 12 hours all at once I will getting in too deep and risking another relapse. Please do offer any legal advice you can. Thank you so much for reading. P x
  19. Hi All, I really hope someone can help me here. My attendance in work has been irregular over the last year and a half. My employer sent me an SSP1 form saying they couldn't pay me SSP from Jan 2012 and have started claiming ESA from March 2012. However I returned to work for a couple of weeks after Jan and had another SSP payment from work in May 2012. I phoned HM Revenue last week to renew my tax credit's and told them my occupational pay will cease in August 2012 but will still be on the books (they are keeping my job open for me until Jan 2013 thankfully due to ill-health). Anyway, they waffled on about being incapacitated for tax credit purposes 28 weeks following your first day of abscence from work. The problem is my work attendance last year was so irregular and so were my SSP payments from work and am so confused what to do. I have been receiving working tax credit all throught my abscence from work 2011 and 2012. I also read that you don't count SSP payments if more than 8 weeks apart. Am really confused. On the renewal pack I had through the post it only says to tell them if you don't return to work after illness or incapacity for work. However, I intend returning to my same job in 2013. Here's a list of the months I received SSP from work so have no idea how this affects my working tax credit. If anyone can help i'd be most grateful: 2011 January - No February-Yes March- No April- No May- Yes June- Yes July- Yes August- Yes September- Yes October- Yes November- No December- Yes 2012 January No February No March No April No May Yes June No July No
  20. My wife has been for some time now and she received a letter from her employer saying that she will no longer be paid whilst off sick. I've read somewhere that she may be entitled to SSP. She has worked for the employer for 18+months. Can someone explain, simply, how SSP works and how to get it?
  21. Can my daughter claim ssp off her employer shes only bank staff but usually works fri sat sun. Thanks in advance for any replies.
  22. Easier to do a few posts as have several issues! MY SSP is due to run out, when do i put in my ESA claim? I am off with depression and anxiety will i be able to claim? Worried...
  23. Hi all, I'm a bit confused with the whole thing. I was in a bus accident and my gp has signed me off (2 x 2 weeks notes, and 1 x 4 week note.) til the end of this month, possibly longer. I'm £1.30 off the minimum cutoff for SSP so I cant get that and I apparently earn too much for ESA cos I get WTC. So I was told to send my Sick notes in to get my NI covered while I'm off which is fine, but I dont understand why I'm being requested for a medical when they state I'm not entitled due to earnings. I've read a lot of awful stories about people with disabilities failing and quite frankly I have every intention of returning to my job as soon as my GP says I can as I'm losing nearly £100 a week cos of the incompetence of a bus driver. Why am I being requested for a medical and can I refuse as I'm not in the receipt of the benefit money anyway? Thanks in advance!
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