Entitlement to statutory sick pay.

Bugster123

I work for a cimpany 16 hours and i am also self employed. Recently i had to spend 3 weeks in hospital and im due for an operation soon with probably 3 or 4 weeks recover.
I was told by the hospital to self cert for the first 7 days off(informing my employer( then I was given a 2 week fit note
I have been informed by the finance department I'm not entitled to sick pay as I didn't earn enough prior to my time off. I have been given a form and told yo take it to the job centre to see if I can get any help.
Really confused as the government website says the minimum threshold is £116 for ssp a week and I earn £128.(paid monthly and worked for the company for 6 years and never been off sick) Of course I can't find my contract of employment and handbook to see what it says about ssp.
Just after advice as I can't afford the trip to the job centre (15 miles away )to be told that i earned too much for any help. Plus I think it would only be housing benefit which in guessing would take me onto universal credit.
Any advice welcome

elsien

Just to clarify, your self employment is nothing to do with the company you work the 16 hours a week for?

Bugster123

No my self employed hours are working for myself, i work for a company 16 hours a week, have a contract and get holiday pay so was hoping I would get sick pay.

McKneff

Google it,
Ring Acas
Ring dwp

And ask

What is in your contract re sick pay

theoretica

Bugster123 wrote: »

Really confused as the government website says the minimum threshold is £116 for ssp a week and I earn £128.(paid monthly and worked for the company for 6 years and never been off sick)

Just to clarify - is £128 your weekly pay, or 1/4 of your monthly pay?

Bugster123

Going to ring dwp tomorrow and Google just takes you to the government website which says I have to earn at least £116 a week to be entitled.
Unfortunately I've misplaced the blooming handbook which is why I don't want to ask at work bit going to look again now as don't want to look stupid if I say I should be entitled if they don't pay ssp. Although the reasoning for not getting it states not earned enough in the qualifying period before illness.

elsien

I'd go back to them to ask them to clarify their reasoning - it is possible that they've made a mistake. If you're entitled to it they have to pay it - it's not optional for them.

Bugster123

Hi, £128 is my weekly but we are paid monthly. We're paid for 4 weeks on the last working day meaning every 3 months I get a 5 week month if that makes sense

chrisbur

Bugster123 wrote: »

Hi, £128 is my weekly but we are paid monthly. We're paid for 4 weeks on the last working day meaning every 3 months I get a 5 week month if that makes sense

Your entitlement to SSP would be based on your gross pay for the two monthly payments received prior to the first day of your sickness. It does not matter what your weekly pay is you are treated as monthly pay, your two monthly payments will be added together then divided by 2 multiplied by 12 and divided by 52. This will give the weekly figure that will decide entitlement.
When was your first day of sickness and what was your gross pay for the two paydays before that and when were they paid?

It does not matter what your handbook says your employer has no say in SSP rules.

Bugster123

Hi, thanks. My first day of sickness was 29 January(Just gone back today). I get paid up to the 28th but on the 31st so not sure if that means November and December or December and january(with being paid up to 28th).
November and December is roughly £133 and December and january £118.59.

chrisbur

Bugster123 wrote: »

Hi, thanks. My first day of sickness was 29 January(Just gone back today). I get paid up to the 28th but on the 31st so not sure if that means November and December or December and january(with being paid up to 28th).
November and December is roughly £133 and December and january £118.59.

Just one other thing to check have you had a previous period of sickness which is no more than eight weeks before this period?

Date of payment is the date used so would be November December.
Suggest going back and asking how they arrived at their calculation could put your figures in here and print out the result to take with you.
https://www.gov.uk/calculate-statutory-sick-pay