SSPand notice period

amcmahon541

I have been off work since end of May 2015. Initially I was entitled too Discretionary Sick pay for 7 weeks. For the next three months I received SSP. Due to my length of service in September I became entitled to another 12 weeks of Discretionary pay. This took me up to December and I resigned at the end of the month. I have a three month notice period. On the day I resigned I submitted another three month fit note. My employer is saying that I have exhausted my SSP and am not entitled to any payment during my notice period. They say I am entitled to a portion of my holiday pay for 2016 but are not paying me for accrued holidays in 2015. I just wanted to check that this was correct. They have also stopped SSP before supplying me with the correct form to claim ESA again is this correct?


Thanks in advance

Undervalued

The general rule is that you continue to accrue statutory holiday (28 days per year) whilst off sick and that you cannot lose that entitlement if you were unable to take it as a result of being off sick. So, on the face of it they may well be wrong on this point.

If you get additional holiday over and above the statutory minimum then you may well lose the extra.

Your employer may be correct that you have used up all of your SSP entitlement. If so you would be eligible to claim ESA directly from the DWP. Yes, probably they should have given you a form but that is largely a moot point. You could have downloaded one. I think the claim will backdate (but I am not sure) if so, nothing lost.

TELLIT01

Provision of form SSP1 by the employer is not a moot point. It is required by ESA as evidence that SSP has ended. The claimant cannot download one from the internet, fill it in, and submit that. It must come from the employer.
An ESA claim can be backdated up to 3 months.