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

top_drawer_2

I work directly for the employer (they pay all N.I before I see my wage slip) and I don't work for an agency. I receive a wage slip with the employers name/details on and have a contract (with their heading etc on) stating I am a Bank/Casual member of staff.

zzzLazyDaisy

top_drawer wrote: »

I work directly for the employer (they pay all N.I before I see my wage slip) and I don't work for an agency. I receive a wage slip with the employers name/details on and have a contract (with their heading etc on) stating I am a Bank/Casual member of staff.

Okay, well in that case, it doesn't make much sense to me. But for the moment, I would make a claim for ESA, and forward the letter from the employer as well as the fitnotes, and ask for ESA to be backdated as the company that you work for has informed you that you are not eligible for SSP as you work for them on a casual basis (avoid using the word 'employer' as this will almost certainly confuse the issue).

If you are not eligible for ESA because you are entitled to SSP from the employer, the DWP should explain this. Sorry, I can't be more help.

EDIT - if you are employed directly by the care home, they should issue you with form SSP1 stating why you are not entitled to be paid SSP. As far as I know, you need to forward form SSP1 with your claim for ESA (unless this has changed).

So perhaps a short note saying something like

'thank you for your letter of [date]. I have been advised that I need to obtain form SSP1 from my employer, and forward it to DWP. I should therefore be grateful if you could send form SSP1 to me by return. Thank you for your assistance'

harrys_dad

A couple of suggestions for you. Firstly, visit your local CAB and take your contract of employment with you. There may be "unfair terms" in there, and they will also know the rules on SSP.

Secondly, did you injure your wrists at work? If so, did you fill in an accident form? This may affect your position, as this would then be classed as an industrial injury.

top_drawer_2

hello

CAB around here are very unhelpful and are likely to know even less than I have found out on here. Past experience informs me that they don't know how to deal with even the more basic stuff much less anything involving complications.

No, I injured my wrists at home.

harrys_dad

Sorry to hear of your experience with CAB. I spent four years as a volunteer at CAB and the service provided was excellent.

Regrettably, your employment experience is yet another example of the race to the bottom in employment conditions in this country, with "bank contracts", "zero hours" and "agency working" being used by employers to avoid their obligations. The "Care" sector is one of the worst for this. Good luck.

top_drawer_2

You must have been in a much nicer area than what I (or my parents) live in ... I'm in Lancashire (small deprived town and also live in a "wanna-be" city).

I'm not sure what to do; if DwP refuse ESA on the basis that I am employed (as I would expect) where do I go from there?

I suspect my employer hopes I will just pee off as I will struggle to fight them for what I am due....... its so unfair.

TD

zzzLazyDaisy

top_drawer wrote: »

I'm not sure what to do; if DwP refuse ESA on the basis that I am employed (as I would expect) where do I go from there?
TD

Then you ask HMRC to make a formal decision - see page 53 of this leaflet.

http://www.hmrc.gov.uk/helpsheets/e14.pdf

You already have the statement from the employer, so if you are refused ESA on the grounds that your employer is responsible for paying SSP, then you send the paperwork to HMRC and ask them to make a formal decision.

top_drawer_2

zzzLazyDaisy wrote: »

Then you ask HMRC to make a formal decision - see page 53 of this leaflet.

http://www.hmrc.gov.uk/helpsheets/e14.pdf

You already have the statement from the employer, so if you are refused ESA on the grounds that your employer is responsible for paying SSP, then you send the paperwork to HMRC and ask them to make a formal decision.

Thank you I had no idea there was any other avenue to follow. I thought if the employer says No then all you can do is either accept it or go to court....

missusP

I'm not really of any help on the legal aspect but I work as bank staff in a hospital and have been signed off as unfit to work for 6 months altogether, I recieved SSP. Permanent staff would recieve sick pay but as I'm only bank I'm not entitled to that but I did receieve ssp. So keep up your battle!

zzzLazyDaisy

I have to say, that makes much more sense. Either you are an employee or you are not. If you are an employee and you pay NIC's, you are entitled to SSP. This can certainly be a problem for some employers as (contrary to popular belief, most employers cannot claim this money back) and it is not surprising that some employers are tempted to avoid their responsibilities. Nevertheless SSP is a legal entitlement.

OP, I do wonder if it is worth referring the matter to HMRC for a decision anyway? My concern would be that this could make you very unpopular with your employer, and this may make your working environment uncomfortable. At least if you go along with them and make a claim to DWP first, if this is refused you can show that you have followed their instructions and are not being deliberately militant. That is, of course, if this matters to you, which it may not.

Do let us know how you go on though, as it is of broader interest.

Dx