Employer not paying me for sickness - am I sacked?

[EveOwes]

Hi, hope somebody can help advise me.

 

I am with employer for less than one year. I had a number of personal issues that were affecting my ability to do my job efficiently and my employer kept extending my probation period.

 

I don't think I was able to turn my performance around before my third (and I was told, final) probationary meeting which was to be in early Jan 16. I went sick after new year and haven't been back to work since - actually, I did do a couple of weeks late Jan but didn't do much as was suffering from flu and so went sick again after.

 

I've now got a sick note/unfit to work note until mid March due to work related stress but my firm is no longer paying me a salary as it's partner discretion and they don't want to pay me. I knew this was a possibility but they didn't give me any notice or a deadline to go back to work and so now I have no money.

 

They stopped paying me on 1 Feb but I only found out on 25 Feb. Does this mean I am sacked? HR keep banging on about sending me to OH but I don't see the point. I don't see how I can remain with them with no salary. If I go back they will send me to OH and sack me anyway.

 

I haven't put in a claim to DWP yet but I know I must do something urgently. I feel very bad about how I've treated my firm, but I also feel angry at how they treated me which led to all this happening in the first place - expecting me to do hours of work at home on top of my weekly hours. I have family commitments and just didn't have the capacity to do this and the pressure all got the better of me.

 

I desperately need some advice here as I've never been in this situation before. I still have all their equipment, laptop etc, and files and unfinished work which they have told me not to do. I might lose my home over this as I cannot pay my rent. Help!

 

thank you

[honeybee13]

Hello there.

 

How long have you been off sick please? My understanding is that your employer should pay you SSP [statutory sick pay], but that runs out after 28 weeks. Here's a link to the government website.

 

https://www.gov.uk/statutory-sick-pay/overview

 

I think you should start a thread on the Benefits forum here and ask what you might be able to claim. If you're too ill to work, then you should receive ESA and you could be entitled to other benefits if you have no other income.

 

HB

[ericsbrother]

the short answer is you are still employed, they dont have to pay you of the terms of employment dont state that they do. You will have to contact the DWP to get your SSP sorted out if you are entitled to it, that will depend on your NI contributions for the recent past..

I think it unlikely that you will remain employed much longer, no doubt the company will let you go on capability grounds but arent in a hurry to do so as they will want to see the end of your current sick period out before they have that chat.

[EveOwes]

Thanks both for responses.

 

I think they will want me back just so they can sit me in a room for an hour telling me what a waste of space I am. That is contributing to the stress, just the thought of going through that. I just wish they would sack me and get it over with.

 

So you're saying I should declare myself fit to work and get them to fire me? Can"t I go to DWP and say I have been unemployed since 1 Feb when they stopped paying me? I have been on sick leave since 4 Jan so my eight weeks, or whatever it is, is nearing an end. So I won't get SSP or salary. I'm screwed and mentally ill. I just don't know what to do and I'm very scared of how this is going to affect my housing.

[honeybee13]

Please post in the benefits forum, EveOwes, people there will help you with the benefits part of this and hopefully you'll see a way forward.

 

HB

[EveOwes]

THIS was originally on the Employment forum but was suggested I move it to here.

 

Hi, hope somebody can help advise me.

 

I am with employer for less than one year. I had a number of personal issues that were affecting my ability to do my job efficiently and my employer kept extending my probation period.

 

I don't think I was able to turn my performance around before my third (and I was told, final) probationary meeting which was to be in early Jan 16. I went sick after new year (4 Jan) and haven't been back to work since - actually, I did do a couple of weeks late Jan but didn't do much as was suffering from flu and so went sick again after.

 

I've now got a sick note/unfit to work note until mid March due to work related stress but my firm is no longer paying me a salary as it's partner discretion and they don't want to pay me. I knew this was a possibility but they didn't give me any notice or a deadline to go back to work and so now I have no money.

 

They stopped paying me on 1 Feb but I only found out on 25 Feb when I got a small payment which I think must have been SSP. Does this mean I am sacked? HR keep banging on about sending me to OH but I don't see the point. I don't see how I can remain with them with no salary. If I go back they will send me to OH and sack me anyway.

 

I haven't put in a claim to DWP yet but I know I must do something urgently. I feel very bad about how I've treated my firm, but I also feel angry at how they treated me which led to all this happening in the first place - expecting me to do hours of unpaid work at home on top of my weekly hours. I have family commitments and just didn't have the capacity to do this and the pressure all got the better of me.

 

I desperately need some advice here as I've never been in this situation before. I still have all their equipment, laptop etc, and files and unfinished work which they have told me not to do. I might lose my home over this as I cannot pay my rent. Help!

 

thank you

[antone]

The main benefit you can claim if you are ill and unable to work would be ESA - Employment and Support Allowance. You need a doctor's note (which you have) and also form SSP1 from your employer. This form details your employer's reason for not paying you SSP. This could be because you don't qualify for SSP or because your SSP entitlement has exhausted. You're entitled to SSP if you have actually done work for your employer and your average weekly earnings are at least £112 before tax and NI.

 

With regard to your rent, you may be able to claim Housing Benefit to help with this, whether you receive SSP or ESA. To make a claim, contact the Benefits department of your local council. They will advise you how to proceed.

[EveOwes]

Hi. Thanks for reply. Does this mean that while my employer is (I think) paying me SSP then I can't get ESA? My sick note runs out mid March but rent is due today and I have nothing left to live on after paying my share of rent (just over half). I can call the benefits office today but not sure what to say to them. Sorry if I'm sounding a bit stupid but limited knowledge of dealing with benefits office and they are usually reluctant to pay people anything from what I gather.

[antone]

Benefits are confusing, so no need to feel stupid. The system is a maze.

 

I'd suggest you check out two things as a matter of priority.

 

1. Is your employer paying you SSP? If so, you can't claim ESA, but SSP is more than ESA (at least at first).
   
2. Speak to the council about HB. Explain that you're on a low income (SSP if that's the case) and are having trouble paying your rent. HB does not depend on your receiving any other benefits, so you may well be entitled to some help there whether you're on ESA or SSP.
   

If it turns out that you are not entitled to SSP, get form SSP1 from your employer and make a claim for ESA. That's "stage 2", though - do the things above first.

[EveOwes]

Thank you

[EveOwes]

Hi. I posted something about this in the employment forum but it was suggested I post it here. Things are pretty much the same but my query has changed a bit. I hope somebody can help.

 

I've worked for my firm for less than a year and went sick in January 2016. I have gone from being sick with flu etc to being off work through stress. This has gone on for three months. The firm said that I wasn't meeting my objectives and so on - long story but essentially they said I would lose my job. In December my boss said HR would write to me (me thinking this is it, job gone) and after that I went ill (genuinely just in case anybody is wondering; I don't have any history of sickness absence).

 

So they paid me in full for the first month and after that I have only been getting SSP. I applied to the local council for rent and council tax help on the basis I had lost my job. I know i'm getting SSP but I also know I no longer have a job. If I went back to work tomorrow I would be sacked by the end of the day.

 

However, I got confused by the SSP so I didn't follow up my claim for rent/council tax or put in a claim for income support etc. I won't be going back to my job but my (ex)employers say they consider I've resigned!!! I emailed to say I hadn't. It's all a mess. I find the job too stressful and can't do it anymore.

 

I am now virtually destitute. The rent is a lot and my daughter is on income support and cannot put in more than she is given towards it. My SSP doesn't cover my half the rent or any council tax or bills or food and so on. Totally on the bread line now.

 

Can I continue with my HB claim and can I now put in a claim for income support. I am totally lost on this topic as I've always worked and when I have been laid off in the past I've usually got another job as my money or savings have run out.

 

Our rent has been late twice now since this all started and I am certain we will be served an eviction notice by the end of the month. Landlady doesn't like waiting for her money.

 

thanks

Edited April 7, 2016 by EveOwes
more info

[reallymadwoman]

You need to urgently make a claim for housing benefit and help with your council tax on the basis of low income - you will have to declare your SSP as your income.

 

You cannot claim income support on grounds of illness. If you have a 'fit note' from your GP, you could claim Employment and Support Allowance, though I'm not sure if you can claim ESA whilst getting SSP. If you don't have a fit note, you will need to get one.

 

If your employer considers that you have resigned, are they still paying SSP or have they/are they going to stop? This may affect all your claims to benefit, so you need to know/find out.

 

As regards the resignation/dismissal issue, I'm afraid I know very little about employment so hopefully someone else will come along shortly.

[antone]

As Reallymadwoman says, you should claim HB and Council Tax Reduction as a matter of urgency. Contact your council's Benefits Office (or whatever it's called - different councils have different names for it) and advise that your only income is SSP and you wish to make a claim based on your low income. They will advise whether you can continue with your original claim or whether you need to make a new one. They'll probably ask to see bank statements or payslips showing your SSP.

 

ESA is the benefit for people unable to work because of illness, but you can't claim that while you're receiving SSP. SSP is more money in any case. When your SSP stops, your employer should issue you form SSP1, which you would need, along with a sick note from your doctor, to claim ESA.

[EveOwes]

Thanks both for your replies. I will contact the council again this week and also the job centre to see what they say about any additional benefit.