Employer Not Providing SSP1 7 February 2022 at 1:04PM in Employment, jobseeking & training 12 replies 673 views

Retrogamer

Hello folks, i was wondering if someone could give some advice on the below situation.
Apologies if this is a longer than usual read.

In May last year i ended up off sick from work for approx 6 weeks due to a nerve / pain condition that had just developed.
I decided to try and go back to work whilst i was still suffering from the condition and 1 and a half days later ended up off sick again for several months.
My SSP was coming to an end, and my work had sent out my SSP1 form but i really wanted to work and contribute so i tried some new medication from my doctor and some aids at home (working from home) to try and help me get back to work.
I was on a phased 4 week return and i struggled badly due to my condition and as the pain was extreme.
1.5 days back into full time shifts, i couldn't maintain my attendance and ended up off sick again and i've been off since (early January)

I then asked my work for a new SSP1 form again so i could apply and claim for ESA benefits. Otherwise my income would be zero.
My work took almost 2 weeks to send me my SSP1 form, and when i received it, it was the same as the one they sent me previously, with the old dates and thus no use.
I emailed them again, high priority and requested my new SSP1 form again. No response. I called HR and HR adviced they would contact Payrol to send me out a new one ASAP.
This was a week ago and i've still not had it and i've had 0 income since early January.

Are there ways i can claim new style ESA benefits without an SSP1 form, as currently i'm suffering bad financially and my employer doesn't seem to be in any rush to help me.
Any other tips / advice would be appreciated as along with struggling to walk / use my hands having no money to buy food or pay my bills is really taking it's toll on my metal health.

chrisbur

When did your SSP end?

Retrogamer

I'm not sure on exact dates HR / payroll aren't communicating with me just now, so i can't check.

But more than 2 weeks ago.

chrisbur

What is the end date on the two SSP1s you have received?

Retrogamer

20th December, 2021, but i returned back to work before that date. I returned on 13th December for 4 weeks and 2 days.

TELLIT01

You can put your claim in for ESA now and send in the SSP1 as soon as it's available.  You are asked the date SSP ends and you should be able to work that out if you only had a few days left until SSP expiry on the original SSP1.

Retrogamer

TELLIT01 said:

You can put your claim in for ESA now and send in the SSP1 as soon as it's available.  You are asked the date SSP ends and you should be able to work that out if you only had a few days left until SSP expiry on the original SSP1.

What can be done if my employer continues to ignore my voicemails and emails for my SSP1 to be sent though?

chrisbur

Retrogamer said:

TELLIT01 said:

You can put your claim in for ESA now and send in the SSP1 as soon as it's available.  You are asked the date SSP ends and you should be able to work that out if you only had a few days left until SSP expiry on the original SSP1.

What can be done if my employer continues to ignore my voicemails and emails for my SSP1 to be sent though?

I would contact the HMRC’s employees' enquiry line on 0300 200 3500. If they cannot assist then hopefully they can advise who you need to contact.

TELLIT01

The employer is legally required to provide an SSP1.  Tell whoever is responsible for that at your employer that if they haven't sorted it in the next week you will report it to HMRC, who do take a dim view of this sort of thing.

TELLIT01

Jillanddy said:

I am by no means fully clued up on these things,  but just to query something that others may be able to address. The OP returned to work on a phased return. And only did 1.5 days of a full return.  For a phased return isn't it the case that people can still be deemed to be off sick? It may be just in my sector,  but on phased returns sick leave still applies. And returning for 1.5 days wouldn't break the continuous sickness. Is it actually possible that the SSP1 isn't wrong? 

You may be correct, but it's not unreasonable for the OP to expect the HR department, or whoever is responsible for SSP, to advise him if that is the case.

chrisbur

Jillanddy said:

TELLIT01 said:

Jillanddy said:

I am by no means fully clued up on these things,  but just to query something that others may be able to address. The OP returned to work on a phased return. And only did 1.5 days of a full return.  For a phased return isn't it the case that people can still be deemed to be off sick? It may be just in my sector,  but on phased returns sick leave still applies. And returning for 1.5 days wouldn't break the continuous sickness. Is it actually possible that the SSP1 isn't wrong? 

You may be correct, but it's not unreasonable for the OP to expect the HR department, or whoever is responsible for SSP, to advise him if that is the case.

I honestly don't know if I am. It just occurred to me that that may be why they sent a second one with the same date on it.  I agree its slippy of the employer to not sorry or an answer, whatever that answer may be. 

The SSP end date does need to be updated I checked this earlier.  The OP advised that the end date on both was....
"20th December, 2021, but i returned back to work before that date. I returned on 13th December for 4 weeks and 2 days."
The SSP1 was issued before the OP's SSP had run out so was the date it would run out if the sickness continued.  As the OP retuned to work then SSP would not run out on 20 December.  The OP was off sick again within 8 weeks so there would be a linked PIW and the remaining SSP would be paid and the SSP would then end at a later date which should be on the second SSP1.