Will I be entitled to SSP on a "bank" contract? UPDATED

top_drawer_2

Hello

I work for a residential care home and on Sunday I fractured both my wrists - very painful. I have worked there for around 2 years on a bank basis i.e no guaranteed hours but average around 30-40/4-5 shifts per week.

I have looked on the HM Revenue and customs site and found a very useful employers pdf which doesn't needing a contracted number of hours to be entitled. I pay N.I etc and get my holiday pay included in my wage each month.

I am told its about £88 a week which will definitely not pay for a extravagant lifestyle ... but it will help towards paying the rent etc

Will I be able to claim for SSP? If so, how do I go about it?

Thanks

TD

Edited: I received a letter from DwP to state that I am entitled to receive ESA and they credited the full amount into my account a couple of days later.

I am relieved as although its only £71 a week its far better than nothing at all... I am baffled how my employer (that is exactly what they are; ie they dictate time/place I work, provide a wage slip and deduct NI etc from it) can manage to simply put a clause in the contract and retract my right to SSP. I thought it was one of those "rights" you can't give up or have removed from you.

I am in the process of looking for other work as I am appalled at the way a decent employee can be treated in a time of need. I am by no means arrogant but I can safely say I have never asked for anything and give over and above what is asked of me. To be put through the palava with the jobcentre - read later posts and the worrying about money - dare I spend anything? Can I get a taxi instead of the bus? Getting the bus was so hard when I couldn't get a lift. I notice there is another thread re a Mental Health nurse - this is a similar area of work as myself, I am a Support Worker.

I have been in debt before and swore never again but I couldn't afford to be out of work for what turned out to be 7 (long) weeks. It kept me awake for many nights and followed me around through the day.

chrisbur

I do not really know anything about "bank contract" but do not see any reason from what you say why you should be any different to any other employee. You need to follow your employer's rules regarding sickness absence. Notify them of your sickness when they require you to and fill in any form they require for the first week and provide certificates after that if required. Your employer will then consider if SSP is to be paid and if you do not qualify they will give you a form explaining why and advising you how to put in a claim for the state benefit.

anamenottaken

Agency temps qualify for SSP so directly employed "bank" staff would too.

top_drawer_2

Thanks - I am very grateful for the information.

I have completed the form and intend to post it as soon as possible. I am concerned they are going to mess me around as in the past I have contracted staff complain that they (my employer) has taken xxx number of weeks/months to process their claim so I am hoping to warn this off by enclosing the following letter.

Manager

I have enclosed the form to claim statutory sick pay. I understand that being a bank member of staff there may be some ambiguity as to whether I am entitled to claim sick pay. However, I have looked into it and believe I do meet the requirements.

As per the guidelines I informed you of my inability to work due to hurting my wrists on the 07/04/2013. I also informed you of my hospital visit and confirmation that I have fractured both my wrists on the 08/04/2013.

I would appreciate it if you would process this as quickly as possible.

LittleVoice

top_drawer wrote: »

Thanks - I am very grateful for the information.

I have completed the form and intend to post it as soon as possible. I am concerned they are going to mess me around as in the past I have contracted staff complain that they (my employer) has taken xxx number of weeks/months to process their claim so I am hoping to warn this off by enclosing the following letter.

Manager

I have enclosed the form to claim statutory sick pay. I understand that being a regularly working member of bank staff [STRIKE]there may be some ambiguity as to whether [/STRIKE]means I am entitled to claim statutory sick pay. [STRIKE]However, I have looked into it and believe I do meet the requirements[/STRIKE].

In accordance with [STRIKE]As per [/STRIKE]the guidelines I informed you of my inability to work due to hurting my wrists on [STRIKE]the [/STRIKE]07/04/2013. I also informed you on [STRIKE]the [/STRIKE]08/04/2013 of my hospital visit and confirmation that I have fractured both my wrists .

I would appreciate it if you would process this as quickly as possible.

You'll see I've suggested removing the reference to any ambiguity.

How long do you expect to be unable to work? Is the form you are sending some kind of self-certification? Does the form ask how long you expect to be off work? If you are not ready to go back to work, you will need a medical certificate (fit note).

SSP is £86.70 for a full week. You probably know that you don't get that for the first three days.

top_drawer_2

Thanks, I guess they will know that I may believe I am not entitled and will try to avoid paying me.

I don't really know how long I will be unable to work; at the moment I am struggling to do everyday tasks as the wrist which is *only" a hairline fracture and so has a velcro support on it, is still very difficult to use properly so getting myself dressed/washed/a drink/cutting up food are all very hard.

The form is a Statutory Sick Pay Employee's Statement of sickness, I will arrange to get a doctors note next week. I am unsure yet whether this has to be my own doctor - some miles away where I live or if I can register temporarily with one at the more local health centre near the family I am stopping with...

Thanks for any input

dawyldthing

couldn't your consultant do you one? When i broke my leg i had to get one for uni to defer placement and they did one for me there

top_drawer_2

I didn't see a consultant ....... just a Nurse practitioner and the "potting" guys.

LittleVoice

top_drawer wrote: »

Thanks, I guess they will know that I may believe I am not entitled and will try to avoid paying me.

I don't really know how long I will be unable to work; at the moment I am struggling to do everyday tasks as the wrist which is *only" a hairline fracture and so has a velcro support on it, is still very difficult to use properly so getting myself dressed/washed/a drink/cutting up food are all very hard.

The form is a Statutory Sick Pay Employee's Statement of sickness, I will arrange to get a doctors note next week. I am unsure yet whether this has to be my own doctor - some miles away where I live or if I can register temporarily with one at the more local health centre near the family I am stopping with...

Thanks for any input

Self-certification covers the first 7 calendar days. It seems the clock started running for that on 7 April and has now expired. You need a fit note (sick note) now. Ensure you keep in touch with your employing organisation as required by their policy in order to maintain eligibility.

top_drawer_2

Hello,

I received a letter from my employer this morning dated the 25/04 stating that I am not entitled to SSP as I am a bank/casual worker rather than an employee of XXX.

They refer me back to a contract I signed 23rd September 2010 stating "Sick pay - No sick pay benefit applies in your engagement in the event that you are unable to work because of sickness or injury"

They have returned one of the three (+ a self-cert) sickness certificates I provided saying that I may be entitled to something from the Govt via Work and Pensions.

I'm confused as this completely contradictory to what has been said on here, plus its taken them so long to come to this conclusion - surely if it was so clear they would have told me within a week!!

What can I do? I am expecting to be off work until 30th May.

TD

zzzLazyDaisy

As I understand it (though I may be wrong) as bank staff you are either self employed, or employed through a separate agency, but you are not a direct employee of the organisation that you work for.

If you are not sure whether you are employed or self employed, check what type of NIC's you are paying.

If you are self employed you will need to make a claim to DWP for ESA. You can ask for an ESA claim to be backdated for up to three months, and you should explain the reason for the late claim.

Dx