Employer not paying SSP?

packetlos

My partner has worked for a few weeks now in a NHS doctors surgery and works around 20hrs a week, she is currently off sick with a doctor’s note due to depression but her employers knew about her sickness history beforehand and "agreed" that she would not be eligible for sick pay, is this even legal?

She is on a normal contract as far as I know and is not a temporary worker.
.

roxalana

Definitely SSP not OSP that she doesn't get?

packetlos

roxalana wrote: »

Definitely SSP not OSP that she doesn't get?

She will be paid nothing at all as far as I know, I will clarify when I speak to her tonight

roxalana

Did a quick google search and this link might be helpful for you.

http://www.dwp.gov.uk/lifeevent/benefits/statutory_sick_pay.asp#caniget

It says she would have to be off sick for at least 4 days in a row and normally earn over £90 a week. However this is averaged over the last 8 weeks so if she has been there for less than that time it says the calculation might be different and to contact the employer for more details.

There is also a helpline 0845 302 1479

dmg24

Has she previously been on IB/ ESA?

Savvy_Sue

The employer does not have to pay anything other than Statutory Sick Pay, but they do have to pay that if your partner earns enough (that's enough to pay NI in a normal working week / month). But if her contract says SSP only then they probably don't have to pay her any more than that.

LittleVoice

Does the contract for the 20-hour/week job have less favourable terms than one for someone doing a full-time job with the same employer? If full-timers are offered occupational sick pay and part-timers aren't I believe they are not acting lawfully.

packetlos

roxalana wrote: »

Did a quick google search and this link might be helpful for you.

http://www.dwp.gov.uk/lifeevent/benefits/statutory_sick_pay.asp#caniget

Thank you, I have downloaded the SSP1 form and will get her boss to think about why they have not paid anything, if they have a valid reason (which I don't think they do) they can complete the form.

fairydiamond

When my partner was off work fighting cancer, his employer wouldn't give him SSP. It was a nightmare.

chrisbur

If they have been getting ESA then it may be that they will go back to this and not get SSP. In some cases this can be for up to 2 years after starting a job. If this is the case they should have had an ESA220 letter from the Jobcentre Plus which should have been given to their employer.

From http://www.hmrc.gov.uk/helpsheets/e14.pdf
on page 5

As a result of the introduction of ESA, an employee who
has been in receipt of ESA within 12 weeks of the start
of a new period of sickness (previously eight weeks for
Incapacity Benefit) can claim ESA from Jobcentre Plus
instead of receiving SSP from you.
Some employees will also be entitled to reclaim ESA if
they are sick again within 104 weeks of a previous
entitlement to ESA/IB as Welfare to Work beneficiaries.
In these cases your employee will have received a
linking letter ESA 220 (previously BF220) or similar

from Jobcentre Plus which they should give to you.

dmg24

packetlos wrote: »

Thank you, I have downloaded the SSP1 form and will get her boss to think about why they have not paid anything, if they have a valid reason (which I don't think they do) they can complete the form.

Had you bothered to answer my question, you may have had the answer. :rolleyes: