Employer stopped SSP without telling me

lcs14

I'm looking for help and advice. I have been on sick leave from work since 24th February this year, 2022. I received SSP and company sick pay in my April and May monthy wage payments, paid on the 23rd of the month. I didn't get anything for March for the sick leave, as the way cut off days work, the SSP and CSP wouldn't be applied to that month's payment so my March pay was all the hours I worked through February.

In my contract, I'm entitled to 15 weeks of company sick pay, paid at pro-rata (I'm a part time worker). My contracted hours are 8 per week, but I work on average 18-25 hours per week (it varies week to week) and this had been the case for the previous year before I went off sick, and before the pandemic when my place of employment was closed and I was on Furlough from April 2020 - January 2021.

However, for my June pay I have received nothing. No CSP and no SSP. My pay balance is quite literally zero. My employer didn't inform me my SSP was ending or I would no longer be receiving it. My CSP should also still apply as it falls under the 15 week period for this month's payment. The end of the 15 week period is 9th June and this date actually applies to my July pay, the way the pay dates work (we are paid for the hours worked the previous month).

I am more concerned and confused about why my SSP was stopped and why I wasn't told it would be stopping. Had I known, I would have applied for ESA so I could have that for when my SSP stopped. I have now applied for this, but my employer has not sent me an SSP1 form. Is it up to me to request this from them?

Is my company in the right to do this? I have provided fit notes from my doctor and this is applied on my company's rota app - all dates since 24th February until my current in place fit note until 30th June are in place and it states I am off on absence.

My manager has been in contact with payroll and I'm waiting to hear back from them, but I thought I would ask for advice in the meantime and for if payroll get back to me to say this is correct and infact, my payment for June is nothing.

Do I have any rights for the fact my company didn't inform me they were stopping my SSP and I have now been left in this position of having no income?

General_Grant

While you have been paid whilst on sick leave, did you receive both SSP and CSP (paid on your contractual hours)?
Or was it CSP which includes SSP?

lcs14

Yes I was getting SSP and CSP. The CSP is based on pro-rata since I'm a part time worker.

chrisbur

Your employer should issue an SSP1 form if SSP is ending....
https://www.gov.uk/government/publications/statutory-sick-pay-employee-not-entitled-form-for-employers
It may be some error has occurred so you need to see what your manager has to say on whether SSP has finished or not, before any advice can be given.

lcs14

They never issued this to me. Is it now up to myself to have them fill it out?

Yes, I'm waiting to hear back from payroll who say they are investigating but this may take a few days or more. I'm just worried their investigation will come back with they are correct and I am entitled to nothing. 

If I had known my SSP was stopping, I could have planned accordingly for this. Now I'm possibly going to be in a situation of having no income for a month.

I just do not understand why a company can think it's OK to put an employee in a situation like this.

TELLIT01

The employer is legal obliged to issue a SSP1 to show the reason for lack of entitlement to SSP.  Without that it is very difficult to get ESA.  It should be issued before SSP ends for the very reason the OP raises.

chrisbur

lcs14 said:

They never issued this to me. Is it now up to myself to have them fill it out?

If your employer is refusing to pay SSP and you do not agree with their reason you will need to contact HMRC but first you need to establish if this is the case and not just some error which they will correct.

lcs14

TELLIT01 said:

The employer is legal obliged to issue a SSP1 to show the reason for lack of entitlement to SSP.  Without that it is very difficult to get ESA.  It should be issued before SSP ends for the very reason the OP raises.

Yes, this was my understanding which is why I don't understand why my employer did not send me this form to inform me. I just log onto see my payslip for the month that were uploaded yesterday, to find they are paying me nothing. Not a single penny.

I have applied for the ESA, have uploaded all of my fit notes, but I know I won't get anywhere with this until my employer provides that SSP1.

My direct manager was trying his best to help, but he doesn't know much and he has been asking other managers from other sites in the area if they can help, but it comes down to payroll being the only ones who can do anything or explain.

I'm just trying to prepare myself for payroll saying this is correct, I am not entitled to anything and how I'm going to deal with that since they are leaving me short with no income.

Been with this company (a big UK company) for 17 years and I feel shot in the foot.

chrisbur

Can you not contact payroll dept directly

lcs14

chrisbur said:

Can you not contact payroll dept directly

Unfortunately, no.

chrisbur

Just to check if there was a linking period were you off in the eight weeks prior to your currant sickness
You advise " I received SSP and company sick pay in my April and May monthy wage payments," Were you getting full company sick pay plus SSP or was the company sick pay reduced by the SSP paid?

If you do not get an answer soon the following is a link to HMRC if you feel you have not been paid correctly.
https://www.gov.uk/government/organisations/hm-revenue-customs/contact/statutory-payment-dispute-team