itemized payslips

[hunterandthehunted]

hi,

i have been off work sick for 8 months and i will be leaving soon due to ill health.

 

during my time off i have received 26 weeks full pay {company discretionary sick pay} and 13 weeks half pay. this has all come to an end and i am now getting nothing but am about to claim ESA

 

i was told by my employers that the SSP i received was offset against my company sick pay but all of my wage slips just state basic pay and there is no mention of SSP or company sick pay despite the company's terms and conditions stating that all sick pay entitlements will be itemized on my wage slips.

 

i have also found some law stating that pay slips should be itemized but it is all rather vague and not very specific.

 

i have also learned that where an employer knows the employee is on long term sick that they have a legal obligation to send them a SSP1 form on the 23rd week of the 28 week cycle of SSP entitlement. my SSP ran out on the 23rd March and i have received nothing.

 

have i got grounds for court action?

 

i am also trying to unearth some more things to build a solid case

Edited April 29, 2013 by hunterandthehunted

[honeybee13]

Hello there. I expect the forum guys will be along later, but I'm not sure if you have a case or not. Your employers doesn't sound too unfair to me, but the guys will know.

 

Do you think the company have paid you what you're due please?

 

I would say that 26 weeks' full pay and 13 weeks' half pay may not be unfair, but what does your contract say?

 

Fwiw, I think offsetting SSP against sick pay might be fair, but again, hopefully the guys will comment.

 

My best, HB

[Emmzzi]

SSP is pretty much always offset against comnpany sick pay. I think you;re having an admin challenge not a pay one.

[hunterandthehunted]

yes i dont dispute that ssp is offset against the company sick pay and i also agree that they have paid me well in comparison to other companies.

 

i am very bitter as i have got mental health issues and this is the reason that i will be leaving the company due to ill health.

i have worked there for 26 years and have paid in to a defined benefit pension scheme for that length of time and all they are willing to give me is is partial ill health pension worth £2000 a year as oppose to full ill health pension which would be worth £10,000 a year.

 

i am 44 and i have built up £10,000 a year to date.

 

so i am trying to find flaws in there terms and conditions. as i said in my original post it states in there terms that company sick pay and SSP would be itemized on my page slip but it has always stated basic salary as it would if i was at work. surely this is an argument that i have never even received sick pay plus they broke there own terms and if i can have it confirmed that its law to itemize sick pay on payslips i can take them to a tribunal

 

i am pretty sure i have them on the SSP1 form as i am unable to claim any benefits because they have not sent me it and i cannot claim benefits because of this.

the law states that they should have legally sent me this by february 16th 2013.

Edited April 29, 2013 by hunterandthehunted

[Emmzzi]

I'm happy to advise on IHR but not on trivial admin errors that will get you nowhere in court

[hunterandthehunted]

whats IHR?

 

if its ill health retirement what advice can you give me?

Edited April 29, 2013 by hunterandthehunted

[Emmzzi]

ill health retiral

 

can you start with the prognosis from your last doctors or occ health report?

[hunterandthehunted]

my primary illness is paranoia personality disorder but i also suffer from anxiety and depression as well as some other personality disorders.

 

i have 2 specialist reports confirming this which is also backed up by my GP. i am currently awaiting a further appointment which my employers are paying for.

 

i have also had 3 operations on my back (2 this year) to remove prolapsed discs and medical reports from the surgeon have been sent to my employers (without my consent) that i am vulnerable and susceptible to further injury if i carried on working in my present role and he advised my employers that an alternative role should be found. this cannot be done hence the partial ill health.

 

i feel i should be entitled to full incapacity as my mental health and my back problems are going to make it impossible to find any work of any kind but obviously my employers do not agree.

Edited April 29, 2013 by hunterandthehunted

[Emmzzi]

by "prognosis" I mean what is the estimate of when you will be well enough to work again, and in what capacity. That's the single most important question.

 

also bear in mind the rules are set by the pension plan nt your employers. it's helpful to remember who is making the decision here.

[honeybee13]

i have worked there for 26 years and have paid in to a defined benefit pension scheme for that length of time and all they are willing to give me is is partial ill health pension worth £2000 a year as oppose to full ill health pension which would be worth £10,000 a year.

 

i am 44 and i have built up £10,000 a year to date.

 

I agree with Emmzzi, your employer may well not have done the calculations. With a defined benefit scheme, there would normally be an administrator and there have to be trustees.

 

The £10,000 pa you mention could be the amount payable at your pension age, 60, 65 etc. There could have been an actuarial reduction because it's being paid 20-odd years early. Have you seen the calculations of how the figure was arrived at?

 

HB

[hunterandthehunted]

by "prognosis" I mean what is the estimate of when you will be well enough to work again, and in what capacity. That's the single most important question.

 

also bear in mind the rules are set by the pension plan nt your employers. it's helpful to remember who is making the decision here.

 

the mental health issues i have are t here for the rest of my life.

my back problems will get better to an extent with time but because i have had 3 ops in the same place my back will always be weak and vulnerable

[hunterandthehunted]

i have worked there for 26 years and have paid in to a defined benefit pension scheme for that length of time and all they are willing to give me is is partial ill health pension worth £2000 a year as oppose to full ill health pension which would be worth £10,000 a year.

 

i am 44 and i have built up £10,000 a year to date.

 

I agree with Emmzzi, your employer may well not have done the calculations. With a defined benefit scheme, there would normally be an administrator and there have to be trustees.

 

The £10,000 pa you mention could be the amount payable at your pension age, 60, 65 etc. There could have been an actuarial reduction because it's being paid 20-odd years early. Have you seen the calculations of how the figure was arrived at?

 

HB

 

if i get partial ill health pension the scheme will pay 1/12th of my salary into a pot for every year i cannot work up to normal pension age

if i get full ill health pension the scheme will pay 1/4th of my salary for every year i cannot work up to normal pension age

 

i then buy an annuity with the funds which my employers will take care of hence me having the figures

[Emmzzi]

the mental health issues i have are t here for the rest of my life.

my back problems will get better to an extent with time but because i have had 3 ops in the same place my back will always be weak and vulnerable

 

So at some point you will be able to work in a non physical job and in the interim will have access to disability benefits?

[hunterandthehunted]

So at some point you will be able to work in a non physical job and in the interim will have access to disability benefits?

 

no because of my mental health issues

 

you tell me what employer would employ someone with mental health issues and a long history of back problems?????

[Emmzzi]

Many employers employ people with mental health issues. 1 in 4 people has mental health issues. Back problems aren't a problem for an office job. Anxiety and depression are often treatable. The paranoid disorder depends on the extremity.

 

So what I am saying is, unless you have a letter from occ health saying "this person will never work again", then the payout may be correct. That is why the prognosis is so very important.

 

Are you in possession of such a letter or report?