Ssp?

aaroncaz

A quick question, if a company is refusing to pay an employee their own CSP do they have still to give them Statutory Sick Pay?

chrisbur

aaroncaz wrote: »

A quick question, if a company is refusing to pay an employee their own CSP do they have still to give them Statutory Sick Pay?

Provided that they qualify for SSP and that they have no evidence that the employee is not sick then yes it must be paid.

If it is not paid the employee is entitled to a written explanation which they can refer to HMRC for a decision on whether SSP should be paid.

aaroncaz

Thank you.

TELLIT01

If the employer is refusing to pay SSP they must provide a form SSP1 to show the reason.

Undervalued

aaroncaz wrote: »

A quick question, if a company is refusing to pay an employee their own CSP do they have still to give them Statutory Sick Pay?

Yes, as others have said, SSP must be paid if the employee meets the criteria laid down by the government.

CSP is another matter. The vast majority of CSP schemes are to some extent "discretionary". Broadly that means the employer can decide to pay it or not pretty much as they choose!

However some CSP schemes are actually a hard and fast contractual entitlement. In that more unusual situation the employee has a contractual right to be paid providing they have complied with any rules laid down in the scheme. These might include providing sick notes on time and agreeing to see occupational health as and when required etc etc.

chrisbur

TELLIT01 wrote: »

If the employer is refusing to pay SSP they must provide a form SSP1 to show the reason.

Form SSP1 does not really cover situations when the employer refuses to pay SSP. It is a form issued to an employee who would normally be paid SSP but the employer is not permitted to pay it for one of the reasons listed on the SSP1 eg your average earnings are not high enough, you have not started working here yet etc. For situations not covered by the SSP1 a letter should be issued and the employer has a right to have the employers reason for not paying put in a letter which they can then refer to HMRC if they feel the refusal of SSP is wrong.

TELLIT01

chrisbur wrote: »

Form SSP1 does not really cover situations when the employer refuses to pay SSP.

It does, because the SSP1 lists the reasons an employee isn't entitled to SSP and the employer must tick the relevant box. The employer MUST provide the SSP1 if the employee doesn't qualify for SSP.


This from the SSP. Employers Guide.


"You must send an employee form SSP1:

• within 7 days of them going off sick, if they do not qualify for SSP
• within 7 days of their SSP ending, if it ends unexpectedly while they’re still sick
• on or before the beginning of the 23rd week, if their SSP is expected to end before their sickness does"

If they continue to refuse to provide it the employee should contact HMRC.

chrisbur

TELLIT01 wrote: »

It does, because the SSP1 lists the reasons an employee isn't entitled to SSP and the employer must tick the relevant box. The employer MUST provide the SSP1 if the employee doesn't qualify for SSP.


This from the SSP. Employers Guide.


"You must send an employee form SSP1:

• within 7 days of them going off sick, if they do not qualify for SSP
• within 7 days of their SSP ending, if it ends unexpectedly while they’re still sick
• on or before the beginning of the 23rd week, if their SSP is expected to end before their sickness does"

If they continue to refuse to provide it the employee should contact HMRC.

Interesting there does not seem to be any full instructions regarding SSP these days. The old guidance gave suggested letters for employers to use for circumstances not covered by the SSP1, perhaps now that all employers cover the full cost of SSP they are expected to pay it under all circumstances.

aaroncaz

An update :

I am now being told I MUST apply for SSP but surely it's the employer who applies automatically?

TELLIT01

aaroncaz wrote: »

An update :

I am now being told I MUST apply for SSP but surely it's the employer who applies automatically?

Being told by whom? SSP is paid by the employer and if it can be recovered by them from government (I'm not sure it can) it will be up to them to do that, not the employee.

sangie595

I think you really need to stop giving one sentence information. Tell people what is actually happening and there's a good chance people can assist. Give one liner basics, and they don't know enough to help.

And no, SSP can no longer be recovered from the government. That used to be the case for small employers, but it isn't any longer.