Employer not paying me for sickness - am I sacked?

[EveOwes 25]

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 3,865]

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 3,367]

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 25]

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 3,865]

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