Can an employer refuse to pay SSP if you resign?

PeteIDM

I've recently had to leave my job and move back with my parents due to health issues. I was on SSP for a month and a half until I resigned. I received my pay check containing the 4 weeks SSP last month but have not received my pay check for the final 2 weeks on SSP.

They had received notes from the doctor confirming I wasn't fit for work up until my resignation.

My question is, can my employer refuse to pay the 2 weeks SSP owed because I resigned? I should have received the £160 ( 2 weeks SSP ) on friday....

Hope that makes sense!!

goonarmy

Did you work a notice period(even though you were off)?

PeteIDM

No, but they agreed to allow the termination without a notice period. I have this in writing.

In the letter it goes on to say '' The company hereby agrees to release you from your contractual obligation to serve out your notice period ''.

marybelle01

PeteIDM wrote: »

No, but they agreed to allow the termination without a notice period. I have this in writing.

In the letter it goes on to say '' The company hereby agrees to release you from your contractual obligation to serve out your notice period ''.

That is termination without notice! Did you resign with immediate effect, or did you just serve notice? Because you won't get any payment of anything if your employment is terminated without notice.

getmore4less

You should not have agreed to no notice if sick.

In many cases during the notice period full pay is due even if off sick.

They should pay up to the date of termination.

PeteIDM

Ok, so they have to pay me the SSP accumulated up to the date of termination. Pay was determined by how many hours worked, not a monthly salary. It was an hourly paid job.

The letter confirming my resignation does say '' You have agreed to release the company from any further obligation to pay you after 2nd December 2013. Your P45 will be sent to you no later than 2 weeks after your final pay''.

I have yet to receive this final pay..... God, this is so confusing!

I want to call them on the 2nd of January and ask where my money is for the 2 weeks before my termination and have all my facts straight. The company has a track record of treating their employees unfairly so I want to know my rights first!

Buzby

The lack of notice cuts both ways. Your SSP is irrelevant if you are not employed by them, why do you believe they should.

If there was pay in lieu of notice, then yes - but as you both agreed to early release, you cannot be paid if you were released early.

PeteIDM

Just to clarify then ... My payroll date is different to my pay date.

The pay roll started on the 18th of November and they agreed to release me from my contractual obligation to serve my notice period on the 2nd of December. Hence there are 2 weeks they have not paid me for.

If the job was weekly paid, i would have received this money... But as it is paid monthly and i no longer work for them, they don't have to pay me?

Sorry if I seem like im going round in circles! Im confused.

Takeaway_Addict

Had you taken more holiday than you were allowed so they might have claimed as much as possible back?

PeteIDM

Nope, not as far as i'm aware.

getmore4less

PeteIDM wrote: »

Just to clarify then ... My payroll date is different to my pay date.

The pay roll started on the 18th of November and they agreed to release me from my contractual obligation to serve my notice period on the 2nd of December. Hence there are 2 weeks they have not paid me for.

If the job was weekly paid, i would have received this money... But as it is paid monthly and i no longer work for them, they don't have to pay me?

Sorry if I seem like im going round in circles! Im confused.

I think you need to clarify what you were paid.

often payroll cut off and "pay period" are not the same, it is common for monthly paid to be paid for the "pay period" calendar month with a cut off(for extras) day mid month and pay day near the end of the month.

You need to be paid up to the termination date