Ultimatum on SSP

ever

My husband has been on SSP since July 28 of this year. He will not be able to work again at all. His supervisor and her supervisor have been doing periodic home visits to "check on him," and at today's, we were presented with their options:

1) Formulate a return-to-work plan, which is obviously moot as he will not be able to do so (they know this based on the medical information they requested permission to obtain);
2) Resignation;
3) Termination.

They want a decision within a week.

I was under the impression that SSP was to be paid for 28 weeks as long as it was straight-forward (ie. no going back to work then stopping again, etc.). Is this correct? I haven't been able to find anything that says in black and white whether an employer can do this while the employee is on SSP. Since he would have to switch to ESA, a lower amount at first, it's beneficial for him to remain on SSP for the full time period since he's entitled to it.

So, does anyone know if this is allowed? Is there legislation I can point them to that says they have to pay him SSP for the full 28 weeks? Or do they not actually have to and can force him to quit or be terminated at any time? I've requested a copy of his employment contract. The woman had no idea how to answer any of my questions about SSP or his contract. I told them that I would need at least 2 weeks so that I can find more information and speak to someone from CAB if I need to so that I have all of my facts straight and all of his entitlements straight.

Any information is appreciated!

dmg24

They have to pay him SSP for up to 28 weeks. If he is never going to return to work, there is no reason why they should not terminate his contract with any notice and outstanding holiday pay that he may be entitled to.

ever

Okay, thank you! So that means that it would be in his best interest, then, to choose to resign? Is there anything specific I should ask about upon our next meeting? I read something about employers having to provide an SSP1 so that he can apply for ESA, is that right?

Thanks again for the info!

Emmzi

I can't see any difference in your husband's position between resigning and termination - termination may take slightly longer as they have a process to follow and may spin ou thte cash a wee bit longer?

Is he in a pension, how long has he worked there, how old is he? Just wondering if ill health retiral is an option (it may not be, not meaning to get your hopes up)

an9i77

I'd go for termination rather than resignation as it may affect his entitlement to benefits if he ends the employment rather than his employer. Also it is correct that there is no obligation for the employer to pay 28 weeks SSP, they can terminate his employment at any point they deem reasonable eg if it was clear someone was never going to be able to return to work then an earlier termination would be deemed reasonable.

dmg24

an9i77 wrote: »

I'd go for termination rather than resignation as it may affect his entitlement to benefits if he ends the employment rather than his employer. Also it is correct that there is no obligation for the employer to pay 28 weeks SSP, they can terminate his employment at any point they deem reasonable eg if it was clear someone was never going to be able to return to work then an earlier termination would be deemed reasonable.

As he will be claiming ESA, the method of leaving work is not relevant.

anamenottaken

How much notice is he required to give? If it is four weeks/a month and he has been employed more than five years, then the company would have to give him more notice than he would have to give them.

After a month's service, minimum notice due from an employer to an employee is one week for each completed year of service up to a maximum of 12 weeks. (That's statutory notice, the individual employment contract can specify longer.) The notice due from the employee is in accordance with the contract and does not increase year on year unless specified in the written particulars.

It's worth checking.

ever

Thank you for the information, all!

Emmzi wrote: »

I can't see any difference in your husband's position between resigning and termination - termination may take slightly longer as they have a process to follow and may spin ou thte cash a wee bit longer?

Is he in a pension, how long has he worked there, how old is he? Just wondering if ill health retiral is an option (it may not be, not meaning to get your hopes up)

He's 23 and has worked there since February 2009, so quite far away from the retirement-type age. I keep thinking that termination = bad because of how it might look to future employers, but it's extremely unlikely he'll ever be able to work again, so I suppose I need to get that thought out of my head.

ever

anamenottaken wrote: »

How much notice is he required to give? If it is four weeks/a month and he has been employed more than five years, then the company would have to give him more notice than he would have to give them.

After a month's service, minimum notice due from an employer to an employee is one week for each completed year of service up to a maximum of 12 weeks. (That's statutory notice, the individual employment contract can specify longer.) The notice due from the employee is in accordance with the contract and does not increase year on year unless specified in the written particulars.

It's worth checking.

He's been employed there since February 2009, so not 5 years yet. I'm not sure how much notice he's required to give-- they're supposed to be mailing me a copy of his employment contract ASAP.

steve1980

What is the reason for the sickness?

anamenottaken

ever wrote: »

He's been employed there since February 2009, so not 5 years yet. I'm not sure how much notice he's required to give-- they're supposed to be mailing me a copy of his employment contract ASAP.

If they haven't provided for anything different in writing, the statutory notice period is one week's notice from either side. If he were to pass the anniversary date in February 2011, he would then be due two weeks' notice from his employers (but the notice required from him would still be one week).