employment allowance support

MICK_IN_BIG_DEBT

I am a full time working man who has had to have a operation on my knee been waiting two yrs for this so am on the sick for the last 2 month. My employer is suffering with money troubles in other words he has none .There isnt a lot of work around and the business is struggling so i not been paid properly since before christmas and ofcourse i am not getting any sick pay as he cant afford it . I have tryed to make a claim for ESA but just today have been told that because my employer has no money to give me this isnt a good enough reason to get ESA and my claim is refused .I have spoke to the Inland revenue who said that is the ESA that should be paying me so round and round i go. I am in so much debt and am sinking even more i have atleast another 2 weeks sick to go but not a lot to return to work for as we have no work or money and have no other means of supporting my self. My overdraft is just about gone my credit cards are nearly full again just dont know wat else to do or where to turn does anyone have any sujesstions Have tryed CAB and ACASS both have said he shouldnt be trading and is insolvent but what can i do he goes bust i get nothing

gemma1979

Hi

Even if your employer has no money and can't afford to pay sick pay I am sure if you have a medical certificate from doctor/hospital they HAVE to pay you statutory sick pay by LAW it was around £65 week when I did it but this is a while ago and this also enables you to get other benefits depending on your circumstances etc If he then sacks you etc because you claim it you can claim unfair dismissal/discrimination unless the employer goes through a long procedure with occupational health but they have to try and accommodate you and allsorts first I would strongly urge you to see citizens advice bureau asap to guide you and get a sick note from doctor/hospital backdated if necessary while your waiting for appointment dont leave it any longer you have rights it is not your concern if employer has money or not if they go bust there are other rights you may have speak to citizens advice quick they are really good

gemma1979

and if citizens advice dont help see a solicitor asap get that free legal advice thing one hour or legal aid x

MICK_IN_BIG_DEBT

Am going to CAB again first then to a employment solicitor thanks for the reply

DX2

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_178466