SSP

jackjones99

After a lot of stress with acas and work paying me rolled up holiday pay, I've gone on sick .
I've been off sick since 27th December ,l

Is this right ?

Paid fortnightly so.
23/12.  8 hours
24/12. 2.5 ( it was so cold , they had no heating on )
25th & 26th  no pay
27 first day of sick to 30th
30th to 3rd sick note from doc

I got 10.5 pay
And £46.70 ssp

Tia.

And the stress was tyring all year to get normal holiday pay I stead of rolled up HP, acas said its unlawful.

chrisbur

Cannot check SSP without knowing what your qualifying days are  (usually the days you normally work)

Also any sickness in the 8 weeks before if this formed a PIW Four consecutive days of sickness when no work was done)

jackjones99

Worked Monday to Friday usually , with no days sick.

chrisbur

jackjones99 said:

Worked Monday to Friday usually , with no days sick.

On those QDs I would expect to see three waiting days and three days SSP not two.
Have you queried this yet with your employer?
I suspect that they may consider the rolled up holiday covers the new years day SSP they might be right would not like to say off-hand.

jackjones99

Wouldn't 3 days be 27th to -30th then a full week of ssp?

chrisbur

Waiting days have to be qualifying days and working Monday to Friday means that your qualifying days are probably Monday to Friday with Saturday and Sunday being non-qualifying days.  There are occasional exceptions regarding QDs but you would have to check this with your employer.  

lincroft1710

27th to 30th inclusive is 4 days

Savvy_Sue

jackjones99 said:

And the stress was tyring all year to get normal holiday pay I stead of rolled up HP, acas said its unlawful.

ACAS may or may not be right about this: it's not usually legally qualified people answering the phone. 

If you usually work the same hours each week, then rolled-up holiday pay wouldn't be necessary. 

Even if you don't usually work the same hours each week, then they can calculate what you are owed by looking at how many hours you have worked over a qualifying period. 

But it is still possible to use rolled up holiday pay in some situations, but it must be shown separately if that's what they're doing. 

Did ACAS suggest what you should do about it?

sheramber

lincroft1710 said:

27th to 30th inclusive is 4 days

28/29 are Saturday and Sunday. Per Chrisbur these are non qualifying days

lincroft1710

sheramber said:

lincroft1710 said:

27th to 30th inclusive is 4 days

28/29 are Saturday and Sunday. Per Chrisbur these are non qualifying days

So only 2 days qualifying not 3 as OP said

chrisbur

lincroft1710 said:

sheramber said:

lincroft1710 said:

27th to 30th inclusive is 4 days

28/29 are Saturday and Sunday. Per Chrisbur these are non qualifying days

So only 2 days qualifying not 3 as OP said

Not exactly.
It appears that the OP has 5 qualifying days (QDs) per week Mon to Fri and 2 Non-Qualifying (NQs) Sat Sun.
They advise that their first day of sickness when no work was done was Friday 27/12 so waiting days would be Fri Mon Tues and then normally QDs would be Wed Thurs Fri that is three days.  This is complicated by there being a bank holiday on one of those days  Wed New Years Day.  This is then further complicated by the OP being on rolled up holiday.
If an employer has paid an employee at least the amount of SSP for a day when it is due then their SSP obligation is fulfilled.  Does a rolled up holiday pay which is added to pay for days when the employee works count as payment for when an employee is off work sick.
If that is the reason for only paying two days SSP not three days then I think the only ones who could decide this is HMRC.  This would have to be if the OP referred this to HMRC.
It is also possible that the employer just made a mistake and on querying it they pay the extra day, which is why I asked the OP if they had queried the SSP with their employer to explain why only two days paid.  This would have to be done before they could refer it to HMRC.
At the moment we do not know why the employer paid only two days nor if that was all they needed to pay.   
The OP was hoping for a full week of SSP as it's down to just one day extra they may have decided not to query it.