Employer refusing to pay SSP

trevjl

My wife was off sick for about 6 weeks and had certs from the doctor. She received very abusive texts from the company boss telling her to "get back to work". He has refused to pay SSP and when my wife replied saying it is the law he said "I don't care about the law" I have now found out he has not paid her pension into Peoples Pension since April. She has now left without returning due to the abuse she has received. She has started a new job and it is not really the money, but I feel he should not get away with it. He has history. He refused to pay another lady who left after giving correct notice, that is still with the courts after nearly a year.
Any pointers of who to complain/report him to ?
TIA

EnPointe

trevjl said:

My wife was off sick for about 6 weeks and had certs from the doctor. She received very abusive texts from the company boss telling her to "get back to work". He has refused to pay SSP and when my wife replied saying it is the law he said "I don't care about the law" I have now found out he has not paid her pension into Peoples Pension since April. She has now left without returning due to the abuse she has received. She has started a new job and it is not really the money, but I feel he should not get away with it. He has history. He refused to pay another lady who left after giving correct notice, that is still with the courts after nearly a year.
Any pointers of who to complain/report him to ?
TIA

is the boss the owner  / person with significant control  of the former  workplace / if so  there only  recourse is ET and /or  Small claims 

Mark_d

I would suggest your wife take the former employer to an employment tribunal.  Abusive behaviour has forced her out of her job. Failing to pay in to your wife's pension is further evidence of the failing of the former employer.

trevjl

Thanks I will look at that. The worrying thing is that he runs care company looking after the elderly.

TELLIT01

If your wife wasn't entitled to SSP, the employer MUST provide a form SSP1 detailing why not.

https://www.gov.uk/employers-sick-pay/eligibility-and-form-ssp1

Also check out the People's Pension website for information on that element.  The employer could be hit with very large fines so your wife could find it interesting.

Undervalued

trevjl said:

My wife was off sick for about 6 weeks and had certs from the doctor. She received very abusive texts from the company boss telling her to "get back to work". He has refused to pay SSP and when my wife replied saying it is the law he said "I don't care about the law" I have now found out he has not paid her pension into Peoples Pension since April. She has now left without returning due to the abuse she has received. She has started a new job and it is not really the money, but I feel he should not get away with it. He has history. He refused to pay another lady who left after giving correct notice, that is still with the courts after nearly a year.
Any pointers of who to complain/report him to ?
TIA

Assuming she worked enough hours per week to qualify for SSP she can report the missing SSP to HMRC. 

How long had she worked for this employer?

Assuming more than two years then should could in theory claim constructive unfair dismissal, although that is a notoriously difficult claim to win. Had she not resigned but had been sacked it would have been far easier.

Any employment tribunal claim must normally be started within 3 months of leaving, there are very few exceptions. A claim just for the wages / SSP owed can also be brought in the county court where the time limit is six years (five in Scotland).

trevjl

TELLIT01 said:

If your wife wasn't entitled to SSP, the employer MUST provide a form SSP1 detailing why not.

https://www.gov.uk/employers-sick-pay/eligibility-and-form-ssp1

Also check out the People's Pension website for information on that element.  The employer could be hit with very large fines so your wife could find it interesting.

Yes she asked for a SSP1, he refused and thats when he said he didnt care about the law.

trevjl

Undervalued said:

trevjl said:

My wife was off sick for about 6 weeks and had certs from the doctor. She received very abusive texts from the company boss telling her to "get back to work". He has refused to pay SSP and when my wife replied saying it is the law he said "I don't care about the law" I have now found out he has not paid her pension into Peoples Pension since April. She has now left without returning due to the abuse she has received. She has started a new job and it is not really the money, but I feel he should not get away with it. He has history. He refused to pay another lady who left after giving correct notice, that is still with the courts after nearly a year.
Any pointers of who to complain/report him to ?
TIA

Assuming she worked enough hours per week to qualify for SSP she can report the missing SSP to HMRC. 

How long had she worked for this employer?

Assuming more than two years then should could in theory claim constructive unfair dismissal, although that is a notoriously difficult claim to win. Had she not resigned but had been sacked it would have been far easier.

Any employment tribunal claim must normally be started within 3 months of leaving, there are very few exceptions. A claim just for the wages / SSP owed can also be brought in the county court where the time limit is six years (five in Scotland).

She has worked for this company for about 4 years but it was bought by another owner who has other care companies in other parts of the country. I warned my wife at the time that he would be bad news, I just knew.

Not sure we want to claim dismissal, just want what is owed and report him. He shouldn't be running companies.

chrisbur

https://www.gov.uk/find-hmrc-contacts/statutory-payment-dispute-team

For details of how to report failure to pay SSP

itsthelittlethings

If he has not paid into her pension report him to the Pensions Regulator. It should be taken seriously. 

TELLIT01

I can imagine the OPs wife just wanting to get as far away as possible from the old boss.  However, he needs to be stopped.  There are potentially massive fines for not paying what they should into the People's Pension and it would seem the timescale for late payment has passed.  She really should report them.  She has nothing to lose by doing so.