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Husband sick wants to resign a bit complicated

jane130
Posts: 809 Forumite


This may well turn into a long one so I apologise in advance .
My husband was off work sick for a week from 16th june following a hositla admission and suspected Pulmonary Embolism ( PE) / chest infection . The drs gave him antibiotics and sent him home with instructions to go back if the pain increased .
He was well enough to return to work on 23rd and did so .
ON the 24th he was taken Ill very suddenly and was admitted to hospital again after calling for an ambulance . He now has a confirmed diognosis of a PE and is still in hospital while they get his pain management and Blood thinning drugs correct . He has been told it could take 6 Months for him to return to full health due to the damage done to his lungs by the clot right now he is in lots of pain and gets breathless very quickly
His boss has been very unhelpful during this time , calling him in hospital 36 hours after he was admitted to make it clear he wasn't going to pay SSP and the 6 hours later to ask him to work from his hospital bed !!! He has refused to fill in form SSP1 so that we can put in a claim for ESA .
Yesterday he text my husband to tell him there was no longer a bookeeper role for him at the company and that when he returns to work he will be driving minibuses on a self employed basis term time only . MY husband really doesn't want to return to work for this man after he has treated him this way (I can't say I blame him) I am just so confused about what to do ?
I dont believe my husband has a contract as the boss was a friend.
I am 29 weeks pregnant and was "let go" from my job in early pregnancy so I am not working at the moment though have started looking to see whats about and updated my cv ready to job search once the baby is born.
we are currently in reciept of CTC and WTC and get a small amount of HB and CTB.
Thankfully my husbands boss did the decent thing and put all wages due upto his last working day in the bank for us so we have some money to be going on with and have a little bit of savings we can use ( just a couple of hundred in an emergency fund ).
so my questions I guess are ...
would we be likely to receive any benefits while my husband is ill and after recovery if he resigns ?
Will not having a SSP1 form make it impossible to claim anything . His boss is being very helpful and I don't think he will put anything in writing .
heck just what to do as My head is fit to burst right now and I can't think straight.
I really appreciate any advice you could give me .
My husband was off work sick for a week from 16th june following a hositla admission and suspected Pulmonary Embolism ( PE) / chest infection . The drs gave him antibiotics and sent him home with instructions to go back if the pain increased .
He was well enough to return to work on 23rd and did so .
ON the 24th he was taken Ill very suddenly and was admitted to hospital again after calling for an ambulance . He now has a confirmed diognosis of a PE and is still in hospital while they get his pain management and Blood thinning drugs correct . He has been told it could take 6 Months for him to return to full health due to the damage done to his lungs by the clot right now he is in lots of pain and gets breathless very quickly
His boss has been very unhelpful during this time , calling him in hospital 36 hours after he was admitted to make it clear he wasn't going to pay SSP and the 6 hours later to ask him to work from his hospital bed !!! He has refused to fill in form SSP1 so that we can put in a claim for ESA .
Yesterday he text my husband to tell him there was no longer a bookeeper role for him at the company and that when he returns to work he will be driving minibuses on a self employed basis term time only . MY husband really doesn't want to return to work for this man after he has treated him this way (I can't say I blame him) I am just so confused about what to do ?
I dont believe my husband has a contract as the boss was a friend.
I am 29 weeks pregnant and was "let go" from my job in early pregnancy so I am not working at the moment though have started looking to see whats about and updated my cv ready to job search once the baby is born.
we are currently in reciept of CTC and WTC and get a small amount of HB and CTB.
Thankfully my husbands boss did the decent thing and put all wages due upto his last working day in the bank for us so we have some money to be going on with and have a little bit of savings we can use ( just a couple of hundred in an emergency fund ).
so my questions I guess are ...
would we be likely to receive any benefits while my husband is ill and after recovery if he resigns ?
Will not having a SSP1 form make it impossible to claim anything . His boss is being very helpful and I don't think he will put anything in writing .
heck just what to do as My head is fit to burst right now and I can't think straight.
I really appreciate any advice you could give me .
I am journeying to a debt-free life.
Our estimated debt-free date is January 2040. I'm on a mission to bring that date closer!
16/02/23 debts - £9556.38
emergency fund - £00.00
debt-free diary - Time to Face the music and deal with this debt once and for all
Our estimated debt-free date is January 2040. I'm on a mission to bring that date closer!
16/02/23 debts - £9556.38
emergency fund - £00.00
debt-free diary - Time to Face the music and deal with this debt once and for all
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Comments
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With a boss like that, I would advise getting an advisor to help you.
See if the hospital has someone who can help. Otherwise, see if your council has welfare advisors or try CAB.0 -
May also be worth ringing the DWP benefits advice line. There might be an official way to get that SSP1 form completed.0
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From Adviceguide (CAB)
What you can do if your employer won't pay you Statutory Sick Pay
If you think you should be getting Statutory Sick Pay (SSP) but your employer won't pay it, they should give you a statement on form SSP1 explaining why. You use this form to:- claim Employment and Support Allowance (ESA), and
- ask for your entitlement to SSP to be reconsidered.
If your local Jobcentre Plus office is unsure about your entitlement to SSP, it will forward a copy of your form to HM Revenue and Customs (HMRC) National Insurance Contributions Office. To be on the safe side, you should send a copy of your form to your local National Insurance Contributions Office yourself - any local HMRC office will be able to give you the address. You can find out what is your local HMRC office from their website at: www.hmrc.gov.uk.
If your employer refuses to give you form SSP1, you should apply in writing for a decision to your local national insurance contributions office and claim Employment and Support Allowance.
HMRC's decision is legally binding on your employer. You both have the right to appeal against this decision.
If you are entitled to SSP and your employer refuses to pay, you can make a claim for unlawful deduction of wages to an employment tribunal. You may need to raise a grievance with your employer first.
For more information about raising a grievance, in England, Wales and Scotland, see Sorting out problems at work and in Northern Ireland, see Dealing with grievances, dismissal and disciplinary action at work.
HMRC can fine an employer who repeatedly fails to pay you SSP.
If you want to make a claim to the employment tribunal, you will need specialist advice. A Citizens Advice Bureau can help you find a specialist adviser. To search for details of your nearest CAB, including those that can give e-mail advice, click on nearest CAB.0 -
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Whatever else he does, definitely don't resign.
And stop thinking of the boss as a friend because he sure as hell isn't one!0 -
...Yesterday he text my husband to tell him there was no longer a bookeeper role for him at the company and that when he returns to work he will be driving minibuses on a self employed basis term time only ....
Don't delete that text. It's evidence.
I was going to say that this was constructive dismissal but, on second thoughts, I don't think there's anything 'constructive' about it, it's just dismissal pure and simple.
You need to go legal with this now. If yout husband is a member of a union or some kind of professional body then they should be able to help. Otherwise try CAB or http://legaladviserfinder.justice.gov.uk/AdviserSearch.do0 -
Your husband does have a contract. It's just not written. His contract will simply not differ from the legal standard/minimum. Every employee has a contract, whether it's written or not.
Absolutely true and because of this your OH's boss has certain 'rules and regulations' which must be followed.
Do not allow your OH's boss to bully you both (because that is what he is doing)
Do not allow your husband to resign. His main focus is on getting better.
CAB will help you sort this all out when you are ready.
At the moment focus on supporting your husband. He does not need this stress.
Personally I would be having strong words with your OH's boss to tell him not to contact your husband in any circumstances and you would keep him 'up to date' with what is happening.
Send a letter to him, copy it and send from 2 different post offices, ( get free receipts of postage ) outlining his 'harassment', conversations to date, request for the SSP form etc etc.
As an aside, I would be documenting every call/conversation about what has happened with dates etc.
If things do get a little 'messy' re: his employment then it is always good to have a timeline and things written down as evidence.
This must be be very difficult time for you and your husband without this **** making things worse.
I wish you both all the best.0 -
Your husband does have a contract. It's just not written. His contract will simply not differ from the legal standard/minimum. Every employee has a contract, whether it's written or not.
The failure to provide a written contract of employment means that husband will be able to claim more compensation;
If your employee succeeds in another (unrelated) employment claim, eg unfair dismissal, the tribunal can also award them compensation for your failure to give them a written statement or an accurate or complete statement of change to it - as long as there are no exceptional circumstances that would make this unjust. The amount of compensation will be two or four weeks' pay (at the tribunal's discretion).
http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1081959822&type=RESOURCES0 -
Don't delete that text. It's evidence.
I was going to say that this was constructive dismissal but, on second thoughts, I don't think there's anything 'constructive' about it, it's just dismissal pure and simple.
You need to go legal with this now. If yout husband is a member of a union or some kind of professional body then they should be able to help. Otherwise try CAB or http://legaladviserfinder.justice.gov.uk/AdviserSearch.do
Forgive me for saying so but I do not think it is helpful to the OP to start talking about the different forms of dismissal when the OP's husband is still employed but off work sick.
Employment laws are complicated. She needs some professional advice.0 -
pmlindyloo wrote: »Forgive me for saying so but I do not think it is helpful to the OP to start talking about the different forms of dismissal when the OP's husband is still employed but off work sick.
I disagree. OP wrote that the employer has stated "there was no longer a bookeeper role for him at the company and that when he returns to work he will be driving minibuses on a self employed basis term time only". That's dismissal, constructive or otherwise.
The OP has stated that "My husband really doesn't want to return to work for this man after he has treated him this way", it is therefore extremely helpful for him to know that he can now claim unfair dismissal.pmlindyloo wrote: »Employment laws are complicated. She needs some professional advice.
Not that complicated, and I did say "You need to go legal with this now"
P.S. And as it happens, I've got this particular T shirt.0
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