On ESA - former company sending P45, will it affect ESA

PixelPound

Hi,
my neighbour is on ESA (in the support group) and last worked in 2021. Their (former?) employer has been in contact a few times to get them to start work (which they would not be able to), and have now said that unless they return or confirm that they wish to resign, then it will be assumed they have resigned and P45 sent.

They are worried this is going to affect their ESA, but I think that because they are in the support group - for well over a year now, it won't but wanted to clarify.

It really does seem strange that after 3 years they've decided to issue a P45, and I believe they have made several attempts to get them to start work (which they are physically no longer able to do). So do they need to worry?

poppy12345

PixelPound said:

Hi,
my neighbour is on ESA (in the support group) and last worked in 2021. Their (former?) employer has been in contact a few times to get them to start work (which they would not be able to), and have now said that unless they return or confirm that they wish to resign, then it will be assumed they have resigned and P45 sent.

They are worried this is going to affect their ESA, but I think that because they are in the support group - for well over a year now, it won't but wanted to clarify.

It really does seem strange that after 3 years they've decided to issue a P45, and I believe they have made several attempts to get them to start work (which they are physically no longer able to do). So do they need to worry?

It will not affect their ESA because they are already in the support Group. 

PixelPound

poppy12345 said:

PixelPound said:

Hi,
my neighbour is on ESA (in the support group) and last worked in 2021. Their (former?) employer has been in contact a few times to get them to start work (which they would not be able to), and have now said that unless they return or confirm that they wish to resign, then it will be assumed they have resigned and P45 sent.

They are worried this is going to affect their ESA, but I think that because they are in the support group - for well over a year now, it won't but wanted to clarify.

It really does seem strange that after 3 years they've decided to issue a P45, and I believe they have made several attempts to get them to start work (which they are physically no longer able to do). So do they need to worry?

It will not affect their ESA because they are already in the support Group. 

Thanks, will any date on the P45 matter. I don't think he wants to speak to his former employer (I don't believe they were great)

Dazed_and_C0nfused

PixelPound said:

poppy12345 said:

PixelPound said:

Hi,
my neighbour is on ESA (in the support group) and last worked in 2021. Their (former?) employer has been in contact a few times to get them to start work (which they would not be able to), and have now said that unless they return or confirm that they wish to resign, then it will be assumed they have resigned and P45 sent.

They are worried this is going to affect their ESA, but I think that because they are in the support group - for well over a year now, it won't but wanted to clarify.

It really does seem strange that after 3 years they've decided to issue a P45, and I believe they have made several attempts to get them to start work (which they are physically no longer able to do). So do they need to worry?

It will not affect their ESA because they are already in the support Group. 

Thanks, will any date on the P45 matter. I don't think he wants to speak to his former employer (I don't believe they were great)

It is unlikely to matter, they may use a current date i.e. the normal pay day for November say but report zero pay and tax figures.

It is largely down to the employer how they do this.  As long as the pay and tax figures are correct for the tax year the end date relates to that should be ok.

8dayweek

If he’s not formally given his notice / ended his employment then he should probably fire off a reply giving his resignation.

His ESA claim doesn’t automatically end his employment or negate his responsibilities as an employee.

His ESA claim may be affected if he has a final wages / PILON / annual leave etc. 

PixelPound

I don't know if he officially resigned, or whether he thought it was automatic, but I'll see if he wants a hand compiling a resignation letter if he's in tomorrow. As to wages etc, he was on a zero hour contract, can't see anything should be due (or if so would be small).

PixelPound

8dayweek said:

If he’s not formally given his notice / ended his employment then he should probably fire off a reply giving his resignation.

His ESA claim doesn’t automatically end his employment or negate his responsibilities as an employee.

His ESA claim may be affected if he has a final wages / PILON / annual leave etc. 

His contract states that if no shifts were done within a 6 month period they would be no longer considered to work for the company. Strange then that after 3 years they still have them on the books, so whilst the ESA doesn't end it, the terms of the contract would surely kick in.

8dayweek

I would guess perhaps the contract stipulates if no shifts are done “generally” in a 6 month period then the employment terminates but being “off sick” or on extended sick leave etc is classified differently. 

I imagine it’s treated more along the same vein maternity - regardless of their “clause” the Employer wouldn’t be able to terminate on the grounds of not doing a shift in a 6 month because you have an “authorised” reason for absence, if you get me. 

He could contact ACAS if wanting more advice (or someone to help advocate etc).