Unpaid Statutory Sick Pay

[Dave Penn58]

In February this year my wife died suddenly and I took sick leave immediately because I have an 11yr old stepson who needed me to be there for him. After 6mths it became obvious that I was not going to be able to return to my previous employment, the problem has been that my employer has been very reluctant to pay the SSP (£85.85) per week or provide me with my P60 and in May I had to go and sit in their office until they gave me my P60 and some money £1640.00 in total which was still not the full amount owed to me. Even though they know I'm not going back to work for them they are now being awkward about providing my P45 and the balance of the SSP owed or my accrued holiday pay.

I'm thinking of taking them to the Small Claims Court to recover this money but I'm not sure if this is the right way to go about it

 

Any help or advice would be greatly appreciated.

 

Regards

Dave Penn;

[Emmzzi]

Were you actually ill with fit notes from the doctor? Did you hand all of these to your employer? Do you have evidence of this?

 

Apologies for the questions but it sounds like you actually had parental leave?

[elche]

Were you actually ill with fit notes from the doctor? Did you hand all of these to your employer? Do you have evidence of this?

 

Apologies for the questions but it sounds like you actually had parental leave?

 

As Emmzzi says were you certified sick - if so this could be a period of sickness absence,

 

It is not Parental Leave unless (amongst other things) you gave your employer 21(?) days written notice prior to taking the leave.

 

Parental Leave is designed for planned leave from work, As this was 'unplanned', an element may be Dependent Leave - however whether it was reasonable to have such a long time off purely for Dependent Leave is a moot point.

 

Also do check for any contractual clauses, Bereavement Leave etc...

 

Che

[Dave Penn58]

Yeah did have certification and a I'm now recieving ESA. The company sent me a form at the end of August to say they could no longer pay my SSP and that I would have to claim ESA.

 

Regards

Dave Penn;