Employer refusing SPP

Resident23

I need some help


My employer has sent me a HMRC form stating that they CANNOT pay me Statutory Paternity Pay because I’m entitled to Statutory Sick Pay (Call me a cynic but SPP is more than SSP). This letter arrived on day 11 of my paternity leave of 14 days.


On Mon 28th Nov I went to work and was there approximately 45 mins when I blacked out at my desk so I was put on a sick day and went home to rest. I suffer from Chronic Fatigue Syndrome and occasionally is wipes me out so it’s not unknown by my employer. Tues through Thursday of that week were scheduled days off so plenty of recovery time.
However on the Thursday my partner went into labour and I called work to inform them that I needed to invoke my paternity leave (again already known to my employer and all the required forms etc been completed)


As far as I am concerned I have had only ONE sick day therefore under the rules would not be entitled to SSP however by what they have told me they have placed me down as sick on my days off leading to a total of 4, which is the point at which SSP would be entitled.


Am I being screwed over and is it legal?


My thought is that if they’re not willing to pay SPP then I have not taken my legally entitled paternity leave therefore can ask for it again.


TIA

Guest101

i think it depends when you told them you were fit to work.

Resident23

In the same call that I informed them that I needed my paternity leave. I believe I said to my manager that "I would be returning to work today however my partner has gone into labour" My manager then asked if I wished to start my paternity leave.

My employer requires you to call in everyday when sick unless you have a medical sick note that's dated with a return date.

Madbags

In terms of the cynic part, SPP can be reclaimed from the HMRC (with 3% compensation if they are a small employer) but SSP cannot. They are putting themselves out of pocket by paying you SSP.

chrisbur

Resident23 wrote: »

I need some help


My employer has sent me a HMRC form stating that they CANNOT pay me Statutory Paternity Pay because I’m entitled to Statutory Sick Pay (Call me a cynic but SPP is more than SSP). This letter arrived on day 11 of my paternity leave of 14 days.


On Mon 28th Nov I went to work and was there approximately 45 mins when I blacked out at my desk so I was put on a sick day and went home to rest. I suffer from Chronic Fatigue Syndrome and occasionally is wipes me out so it’s not unknown by my employer. Tues through Thursday of that week were scheduled days off so plenty of recovery time.
However on the Thursday my partner went into labour and I called work to inform them that I needed to invoke my paternity leave (again already known to my employer and all the required forms etc been completed)


As far as I am concerned I have had only ONE sick day therefore under the rules would not be entitled to SSP however by what they have told me they have placed me down as sick on my days off leading to a total of 4, which is the point at which SSP would be entitled.


Am I being screwed over and is it legal?


My thought is that if they’re not willing to pay SPP then I have not taken my legally entitled paternity leave therefore can ask for it again.


TIA

You need to tell your employer what the last day of your sickness was it is not up to the employer to decide. From what you have said it suggests to me that the last day was Wednesday at the latest; so can you confirm when your last day of sickness was? This can be a day you do not normally work.
Regarding your first day of sickness Monday you say "was there approximately 45 mins when I blacked out at my desk " The important question here is did you do any work before you blacked out; if any work was done (does not matter for how long) then that day does not count for SSP purposes.

Resident23

No I hadn't officially started work. I was just about to login to my desk when it happened.

I was OK by Tuesday evening so had Wednesday been a work day I would have gone back to work.

chrisbur

Resident23 wrote: »

No I hadn't officially started work. I was just about to login to my desk when it happened.

I was OK by Tuesday evening so had Wednesday been a work day I would have gone back to work.

You need to get back to your employer and point out that you were only sick for two days, for which ssp would not be considered. If still refusing you could ask for as SPP1 form which gives details of what to do if you disagree with their decision.

SPP1 form https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/473512/SPP1_10_15.pdf

Torry_Quine

The problem is that you hadn't informed the employer on the Wednesday that you were no longer on sick leave but on normal days off. This usually means that you are deemed sick continuously until you return to work.

Resident23

We don't ordinarily inform them. We just turn back up at work. As this wasn't possible I informed them via telephone. Work is about 80mins each way from home so it would have been pointless to travel nearly 3hrs. My manager was perfectly happy for me to do this by phone.

Thing is I'll have been off over 2 weeks without a sicknote if they continue to pursue the sickness route which then means they can refuse to pay me full stop.