Ignoring my SSP requests

[redhotitfc]

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?

Edited February 15, 2013 by redhotitfc

[Sidewinder]

You need to establish firstly that you are eligible for SSP. You certainly satisfy the length of service criteria, so what about earnings? Do you earn more than £107 per week?

 

When did you first notify the employer of your absence? Was it in line with their absence policy? Have you previously had SSP?

 

Providing that you are eligible, and if the employer still refuses to pay SSP, then contact HMRC on 0845 302 1479

 

Absence through disability is irrelevant - what is relevant is that the absence is due to sickness, whatever the cause.

 

I would be questioning how your records can have been 'lost' and expressing concern about their diligence in dealing with your personal data....

 

Tell us more about the threatening letters.

[Emmzzi]

why did it take 14 days to get your fit note to them?

[redhotitfc]

I do qualify for it. I followed company procedure and told them from day one and every single day I was off (company procedure). Disability is relevent if they say no.

 

Dragged from the CAB website

 

"If you are off sick because of a disability If you are disabled and your employer refuses to give you sick pay when you are off sick for a reason connected with your disability, they could be breaking the law. You may be able to make a complaint to an employment tribunal for disability discrimination. You may first have to raise a written grievance with your employer first."

[redhotitfc]

I have to go to the doctors once I'm well enough to get the sick note.

[honeybee13]

Hello there.

 

Would you be able to tell us if you earn over £107pw, as Sidewinder asked please?

 

My best, HB

[redhotitfc]

Hi,

Yes I have earned that amount on average over an 8 week period.

[Sidewinder]

I do qualify for it. I followed company procedure and told them from day one and every single day I was off (company procedure). Disability is relevent if they say no.

 

Dragged from the CAB website

 

"If you are off sick because of a disability If you are disabled and your employer refuses to give you sick pay when you are off sick for a reason connected with your disability, they could be breaking the law. You may be able to make a complaint to an employment tribunal for disability discrimination. You may first have to raise a written grievance with your employer first."

 

So have you actually raised a grievance?

 

Perhaps I wasn't clear enough. Disability is irrelevant in terms of eligibility for SSP - clearly everybody should receive SSP whether the cause is directly related to disability or for some other reason.

 

In order to prove discrimination you would need to make a case that the employer is not paying SSP BECAUSE of your disability, ie either that were you to be able bodied you WOULD have been paid, or that other, able bodied colleagues have been paid in similar circumstances whereas you have not. As the employer seems not to be telling you the reason, whilst it may be possible to BELIEVE that you are discriminated against, he might have a different argument and we need t find out what that was.

 

So. Formal grievance, outlining the fact that you reported your absence in line with company policy, and that you have provided medical evidence of your condition making you unfit for work, and follow this up with a call to HMRC. If they are still unwilling, or believe that you are not eligible, then they must provide you with form SSP1 so that you can claim ESA.

 

Of course if you can prove, or make a reasonable accusation that the employer is treating you differently purely due to your disability then there may well be consequences.

[Batfink]

why did it take 14 days to get your fit note to them?

 

Or, more accurately, 45 days

 

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.

[Emmzzi]

oops, missed that! I would be dismissing you for going awol, not paying SSP! 45 days is ridiculous!

[redhotitfc]

Well that would be rather risky for them to dismiss me as I contacted them every day. Also when I am ill because of a seizure I can't get to the doctors as it's dangerous. I get the DLA mobility component as a result of this. They do know this as I have explained it before to them. Otherwise I would get a fit note right away.

[assisted blonde]

Still a long time not to put in a sick note, if you are that bad that you cant go to pick it up why cant someone slse? or why not have a Drs visit at home, contacting the company isnt enough IMO you need to have sent in the note

[redhotitfc]

A doctor has to see someone to issue a fit note. Have you tried to get a doctor out even when you are in urgent need. I was told they will not come out on a regular basis for a fit note.

[Emmzzi]

If I am so ill I can't get to the surgery yes, I get a home visit from a doctor.

[assisted blonde]

Drs can issue sick notes without seeing the patient just by speaking to you over the phone, i feel that you are making excuses for not getting it in in time. are you seriously saying you were too ill to leave the house even if accompanied for 40+ days ? I know seriously sick and disabled people that go out in that length of time.TBH if you were that ill you should have been in hospital IMO

Edited February 18, 2013 by assisted blonde

[Sidewinder]

Have you actually asked the direct question 'Why are you not paying me SSP'? Have you spoken to HMRC?

 

I feel that this isn't going to resolve itself - you need to take action for yourself. If you ask the employer for a reason, they HAVE to advise this in writing. If they won't pay you SSP they HAVE to provide you with form SSP1. HMRC have the power to adjudicate on the decision to not pay you SSP and this is binding on the employer. If you cannot get SSP then you need to claim ESA.

 

The employer cannot refuse to pay SSP for not providing a fit note - providing that you notified the original absence on time.