ESA whilst off long term sick and possibility of being finished ill health

kay159

My partner has worked for a major high street retailers distribution centre for 18 years, full time. He has been off work with blood pressure problems for 28 weeks. OH say he can go back on light duties but management have over-rode the decision. He is about to apply for contribution based ESA as all financial support through workj has now ended (work didnt realise he needs form SSP1 to do this so money will be delayed until sorted)
He will move to contribution based ESA hopefully for 26 weeks then nothing due to me working. He has no pension other than 3 years contributions to the basic peoples pension
His employers wont discuss light duties, changes in working pattern etc or making any changes under the Equality Act and seem to be forcing his hand to 'throw in the towel' which he won't do
My question is as a full time employee who has been off long term sick, if his employers force him out on grounds of ill health (which is looking increasingly likely), would he still be entitiled to the statutory 12 weeks pay in lieu of notice and untaken leave accrued whilst off sick and if this is paid at some point in the 26 weeks in which he is claiming ESA how would this affect things - would he stope claiming ESA for the 12 weeks then restart his claim for the balance of the 26 weeks
The whole situation is rapidly becomming a nightmare and no one seems to be able to give any advice so Im hoping the king and knowledgeable people on here can shed some light on in work ESA and notice pay. Thanks

poppy12345

I can't help with the pay question but Contributions based ESA is paid for 52 weeks unless you're placed into the Support Group and then it's paid for as long as you remain in that group. It's Contributions based JSA that's paid for 26 weeks.


See link on how to claim New style ESA once he has the SSP1 form.
https://www.gov.uk/guidance/new-style-employment-and-support-allowance

Alice_Holt

Try ACAS
http://www.acas.org.uk/index.aspx?articleid=2042
Re employment situation.

If on New Style ESA, this is not means tested, so any additional income should not affect it I think.
Your local CAB /advice agency should be able to confirm.

calcotti

There are two paragraphs in Advice to Decision Makers that appear relevant;
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/720983/admv4.pdf


"Employment ended
V4049 Payments made as a result of employment ending do not affect ESA.

Holiday pay
V4075 Any holiday pay that is payable within four weeks of the date employment ended, or w as interrupted, should be treated as earnings for ESA."


Even if holiday pay is taken into account this should only result in a brief loss of entitlement to be paid because gone over permitted work earnings limit, it would not end the ESA claim.