Dismissal and sick pay

dc61

My son has recently had an industrial injury and remains off sick. His employer has held a kangaroo court and decided he didn't incur the injury in the way it actually happened. They have dismissed him for gross misconduct. That's not the query though - that's a different topic for a different day. My question is, what does he do now? He will continue to be signed off sick whilst recovering from either a fractured foot or a Lisfrancs injury - they haven't decided what it is yet. Can he continue to claim SSP? If so, how does he claim it and who will pay it? He's never claimed benefits before. We've sent in a claim to the Industrial Injury benefit people already. No response as yet. NB - he'd only been with that employer just over 12 months but has always been employed.

Additionally, I'm presuming that he will have to wait the minimum 13 weeks before getting anything else (if he's not entitled to SSP now) as he has been dismissed. Does his ongoing time off sick count towards the 13 weeks or does that start once he's no longer sick?

Sorry for so many questions but we've fortunately never claimed anything before. Thanks in advance.

Darksparkle

SSP is paid by employers to employees. As he is no longer employed he won't get SSP.

He should look into ESA instead.

Not sure what the 13 weeks is you are referring to sorry.

ohreally

Two points to consider, since the injury may be temporary in nature he may be well on the way to recovery by the time an assessment is arranged, (IIDB is awarded on loss of faculty), and you are not entitled to the benefit for 90 days following the accident.

Any award of IIDB would affect a claim for ESA.

JCP will write to the employer for their version of events so be prepared for a debate.

dc61

What's JCP? 13 weeks is what I have seen as a sanction for dismissal.

dc61

I thought this was the standard sanction for dismissal?

pmlindyloo

There is no such sanction for ESA. Your son will need a fit note to claim ESA. Google for how to apply.

Even though your son was dismissed for gross misconduct and is not entitled to notice he is still entitled to holiday pay and this may affect his ESA so he should be seeking professional help for his dismissal.

densol_2

ohreally wrote: »

Any award of IIDB would affect a claim for ESA.

.

Only if its income based - not contributions based. I receive both at full rate of award.

ohreally

dc61 wrote: »

What's JCP?

Job Centre Plus, they administer this benefit.

They wont necessarily take the claimants word for informing of the events, they will contact the employer for their input.

pmlindyloo

ohreally wrote: »

Job Centre Plus, they administer this benefit.

They wont necessarily take the claimants word for informing of the events, they will contact the employer for their input.

Sorry, but I don't understand what you mean.

When the OP's son applies for ESA there is no contact with the employer to find out why they left. There is no sanction. Or do you mean they contact the employer to find out the date of their leaving?

ohreally

pmlindyloo wrote: »

When the OP's son applies for ESA there is no contact with the employer to find out why they left. There is no sanction. Or do you mean they contact the employer to find out the date of their leaving?

Apologies, that was untidily written.

The claim for IIDB will result in JCP writing to the employer, the bun fight may begin due to the information supplied re the employers take on events "His employer has held a kangaroo court and decided he didn't incur the injury in the way it actually happened".

If the employer paints a picture alleging this wasn't an accident the claim becomes a he said, she said scenario and this is before a date is set for the assessment.

dc61

You've summed it up very well!! They are trying to avoid a personal injury claim I believe and, to date, have treated my son very badly. We fight on.