SSP after car accident

Ettenna

My daughter had a serious car accident a week ago, leaving her in Neuro ICU. She works part time (in between some college) in a hotel/bar. She had just been told she was fired (the boss was drunk and fired about 4 of them apparently). She had been there about 2 months but did not have a written contract of any sort.

Her wages were £760 last month and £380 the month before and I think this averages out at over the minimum required earnings. Where does she stand on getting SSP?

Torry_Quine

If she is no longer employed then she won't get SSP.

Ettenna

She was employed. Her "boss" asked her to remain at work until the Sunday (after the accident). But obviously she couldn't.

Torry_Quine

Ettenna wrote: »

She was employed. Her "boss" asked her to remain at work until the Sunday (after the accident). But obviously she couldn't.

Did she or you on her behalf contact her boss to say she was off ill? If so and she was earning the requisite amount then she will be due SSP, however there is a three day waiting period when no payment is due.

Ettenna

I contacted them this week. As you can imagine, we were a little bit more concerned about her than her job.

I have contacted her employer regarding my daughter having SSP and got this reply.

"Hi xxx,

I have just spoken with xx (the general manager) [DD] was on a 12 week probationary period. You may not have been made aware of this, but as from Monday 24th September she had been inform that she didn't successfully pass the probation period.

Her last shift would have been Sunday 30th September.

From Thursday onwards, she only had two shifts left with us which unfortunately does not entitle her to SSP as you are only entitled to this after having 3 days off work.

If you have any further queries over this matter then please get in contact with us.

Once again, all of are thoughts are with you at this upsetting time."

I sent this back to them:

"Thank you for this information. I did know that she was let go from the job, for whatever reason.

I require a copy of her contract of employment, signed by [DD] and yourselves, and the notice/letter informing her that her employment was being terminated. Obviously Helen is in no position to request this herself.

I would be grateful if you would forward this to me within 7 days to [me at my address.]"

Then this morning I got:

"Good morning,

The contract hasn’t been signed yet as Helen was still on the probation period.

You only have signed contracts after you’ve successfully completed the probation period.

She had been verbally advised on the termination of employment.

We will need a sick note ASAP in order to arrange SSP for [DD]’s last two shifts."

And according to advice.org it says that "All employees, regardless of the number of hours they work per week, are entitled to receive a written statement from their employer within two months of starting work. The statement should describe the main terms of the contract of employment. You are entitled to the statement even if your job finishes before the initial two months, as long as the job was supposed to last for more than one month and you have worked for at least a month." http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/contracts_of_employment.htm

Is it just me or does it sound like I am being fobbed off? According to my daughter no-one there had contracts of employment.

KiKi

1 - There is no legal right to a written contract, so it doesn't matter whether people had written contracts or not.

2 - She did have a contract (although not written) because she went to work and was paid - the same goes for her colleagues.

3 - There is a legal right to a written statement of particulars within 8 weeks of starting employment, which state the basic T&Cs of the role.

4 - In practice, there is nothing you can do. You cannot take legal action if you don't get the written statement, unless you are tagging it onto another tribunal claim.


They are right about the SSP, so the question is whether or not they are calculating the shifts correctly within her notice period. You can try and insist, but to be honest you are probably better submitting the note, getting the SSP pay for those shifts and leaving it there. Even if it was breach of contract, going through an ET for this (which is your legal recourse) is so stressful, it's just not worth it.

Tell her to get another job and be pleased she's not working for someone who just fires people at will. I hope she's getting better.

KiKi