HELP!!! Can agency refuse to pay SSP?

kolololoxxl

My wife is agency worker since 2010. She work full time for same agency and earn around 240 after tax. Last month she was sick for 5 days in a row.
I know that she is eligible for SSP, but for some reason agency sent her form saying: you cannot get SSP as your contract for your service has ended.
She returned to work after sick and still work full time.
Can this agency refuse to pay SSP? Why would her contract end if she still working and getting paid? Is it 82 per week or 1st 3 days does not count?

Notmyrealname

First 3 days don't count. She is on a zero hours contract so is only employed whilst she is working. It sucks but thats the way it is.

anamenottaken

As an agency temp (and within my first year of working with them), I received SSP.

I provided a medical certificate (hospital post-op) and didn't receive for the first 3 days (as standard) but did receive SSP for the remainder of my time off (around a couple of weeks).

The refusal to pay SSP should have been notified on a specified form, I believe, to identify the reason and then she would be able to put in a claim direct to the DWP (again, I think it's the DWP but you would need to check). Weekends can count.

Did they provide any note about when they do pay SSP? Did they have a rule about sickness having to include, for example, a Wednesday?

Barneysmom

Your wife is entitled to ssp just the same as any other worker is.

I suggest you print this page off and ask her to take it to work......


http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Agencyworkersandemploymentagencies/DG_173252


http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_10018786


Agency workers

If you meet the qualifying conditions for payment SSP is payable to you. It remains payable while you are working on an assignment or under contract with your agency. Your employer can't end your contract of service to avoid paying you SSP.
Whoever is responsible for the deduction of National Insurance contributions from your earnings is also responsible for payment of SSP.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_175843

MrsManda

As Barneysmom said from the details given she should be paid SSP. However if the agency won't pay SSP they should provide an SSP1 form stating precisely why they're not able to pay. This can be then used to claim Employment Support Allowance instead.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_10018786

kolololoxxl

Problem is, that they sent a SSP1 form with explanation: contract for your services has ended, but how is it possible if she still work there?

[Deleted User]

This is a naughty trick Agencies try and play! When I worked for an agency we were always told to hand out SSP1 with contract ended even though we knew it was wrong the Directors insisted this was what we did. Agencies don't like paying SSP as there NI bill is always to high to reclaim any.

kolololoxxl

It is realy naughty. What can we do if they refuse to pay? I dont want to get to moment when they will pay back by saying bye bye to my wife?

[Deleted User]

Well 2 things that you could do. 1 is to write a letter to the agency pointing out you know the rules and that her contract didnt end. Or if you go down DWP with the form and tell them what the agency have done they may well ring the agency and tell them they have to pay. But she will only get £32.64 as first 3 days are not paid so it all depends if you think it's worth it?