contract terminated after claiming SSP while pregnant

[gtanny]

Hi, first off i hope im in the correct place if not i appologise

 

but im asking for advise on behalf of my partner until we can see citizens advice on monday.

 

She is 19 and currently 26 weeks pregnant and 4 weeks ago got signed off work with a bad back as its a factory job standing for 8 hours she was complaining on a daily basis. after asking why she was not recieving sick pay we was told to get an "SSP1" form from the employer (an agency) to state why they dont pay SSP, to which they ticked the box stating her term of employment has come to an end. this was strange as the woman she deals with at work said she wasnt expecting her to be signed off for this long and to be back at work.

 

so due to this she has contacted the job centre and asked for incapasity benefit but they say that as we live together and i work over 25h a week shes not entitled to it. which may be correct but now she has no income whatsoever and we are financially struggling which with a baby on the way isnt what we hoped for!

 

ive never claimed any benifits today as ive been employed full time since 17 (now 22) so im unsure of what rights she has but i think, even as an agency employee, she should not of been sacked/made redundant/got rid off just because she has been signed off sick by the doctor.

 

also as a couple of side notes:

on her last day she was sent home as she (rightfully) refused to do a job the company doctor told her she was not allowed to do... as she wouldnt of been insured.

 

and secondly there is a second pregnant woman there non agency (employed by the company themselves) who has been granted the use of a chair all shift yet when my partner asked she was told its "unsafe".

 

Regards

 

Gary

[topCatDC]

Hi sorry to hear your wife having a bad time

might i suggest you contact acas they are in the telephone book

they will tell you what rights you have and if the company acted within the law

if i am reading this right your wife is an agency worker if so has she contacted the agency

in-cap is payed i believe only after 6 months on the sick however she should be able to claim income support , you might also be able to get housing tax benefit also depending on your wages contact the tax credit people (you may qualify ) its worth a shot

good luck with the baby

hope this helped

TC

if any one knows better please feel free to correct me and help

[OrangePrimate]

If your wife has been employed by the same company for more than 26 weeks she is entitled to full maternity rights even though it is an agency. The company she is working at have a duty to make reasonable adjustments for your wife and the baby's welfare (like allowing her to sit when needed, regular rest/stretch breaks). She should be recieving Company sick pay (if they do it) or at a minimum sull SSP (about £80 pw)

Anything less than this and they are in breach of a few legislations!

look up ACAS.gov or the dti.gov.uk websites and all relevant rules concerning Maternity rights and discrimination are on there.

Good luck with the baby!

[NitrousOxide]

If you need any help PM me as I've been to an employment tribunal.

Being sacked while pregnant is a big no no, whatever the reason they should really wait until you come back.

[make them aktiv runners]

so due to this she has contacted the job centre and asked for incapasity benefit but they say that as we live together and i work over 25h a week shes not entitled to it. which may be correct but now she has no income whatsoever and we are financially struggling which with a baby on the way isnt what we hoped for!

 

It is totally wrong. Incapacity benefit is based on National Insurance contributions by your OH. It is NOT a means tested benefit at all, you could be earning millions and she could still claim Incapacity.

[Sarah_Pussycat]

Incapacity Benefit is based on National Insurance contributions - the period they take into account is the last two tax years.

 

If your OH has been working for the last two tax years she should qualify regardless of the fact you're working.

 

Income support on the other hand is a means tested benefit, and she wouldn't be able to get this if you're working 24 hours or more.

 

It's probably worth you applying for Working Tax Credit if you're on a low income.

 

Maternity benefits don't kick in until the eleventh week before her due date - forgive my maths but I don't think she's quite there yet?

[gtanny]

cheers for all youre advice, its greatly apreciated.

 

were going to citizens advice on monday and to the agency she was working for, to find out the exact reason for her dismissal. she contacted acas and they were very helpful saying if she hasnt got a claim for being pregnant she should for sexual discrimination, but they did mention some loopole in the way some agencys work, somthing to do with if she was actually employed by them or just working on behalf of them :?.

 

im looking into working tax credits, im not on a great nor terrible income (£21320), most quotes give about £500 tax credits so ill look into when the baby is here. shes due in 13 weeks so atleast we dont have long till some sort of income is restored.

 

Incapacity benifit may be a debatable position as she hasnt been working for the last 2 years. this was somthing i was unaware of but she was in full-time education till she was nearly 18.

 

thank you very much for your answers and ill update with any furthur progress.

 

Gary

[dori2o]

 

It's probably worth you applying for Working Tax Credit if you're on a low income.

 

He wouldn't qualify for WTC just yet as you have to be 25 or over and working 30+ hours when there are no children in the household.

 

Once the child is born, then will be entitled to it (WTC) depending on income.