SSP after car accident

Ettenna

My daughter had a serious car accident over week ago, leaving her in Neuro ICU. She works 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 just over 3 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. Her "boss" asked her to remain at work until the Sunday (after the accident). But obviously she couldn't.

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/englan...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. If not, would she be entitled to ESA?

I have updated a couple of things, if anyone has read my post in the benefits forum.

Thank you xx

pinkshoes

You only get paid SSP on the 4th day of sickness.

If this doesn't fall within her notice period of the company (which appears it doesn't), then she won't get paid SSP.

Their letter sounds about right.

Uncertain

Ettenna wrote: »

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/englan...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. If not, would she be entitled to ESA?

Although she has a right to a statement of terms there is no effective remedy if it is not forthcoming.

It used to be that there was an automatic award of two weeks pay if you took this failing to an employment tribunal. However now you cannot make this claim on its own. You can still add it to some other valid claim and the tribunal MAY award up to two weeks pay but they don't have to.

ESA - As far As I'm aware yes but you would get a better answer on the benefits board.

Sambucus_Nigra

What are you trying to achieve with this?

anamenottaken

The employer should not be communicating with you regarding your daughter's employment.

There is no requirement, ever, for a signed contract.

Uncertain

anamenottaken wrote: »

The employer should not be communicating with you regarding your daughter's employment.

Would appear to be a breach of the Data Protection Act but again, no useful remedy.