Ssp

chrisbur

I have no idea what they are talking about, this does not sound like any SSP rules that I know of. I think your best bet is to get in touch with the Job Centre Plus (0800 055 6688 I think) to claim Incapacity benefit and tell them what your employer has told you. Best of luck.

vickib128

Hi, for that i need SSP1, which they say i don`t need. Spoke to the Benifits enquiry line and was advised by them that the agency should pay SSP-i have spoken to the agency again and they have confirmed they do, after the second consecutive Wednesday-The benifits enquiry have advised that i should be getting sick pay after the 3 days i lose as this is the law of the land. My agency have now said that this is in my contract. What a big farce, its just to get out of paying it. Have also spoken to ACAS and they have advised that if this is in my contract there is nothing i can do.

Thanks anyway,

Vicki

LittleVoice

vickib128 wrote: »

Hi, for that i need SSP1, which they say i don`t need. Spoke to the Benifits enquiry line and was advised by them that the agency should pay SSP-i have spoken to the agency again and they have confirmed they do, after the second consecutive Wednesday-The benifits enquiry have advised that i should be getting sick pay after the 3 days i lose as this is the law of the land. My agency have now said that this is in my contract. What a big farce, its just to get out of paying it. Have also spoken to ACAS and they have advised that if this is in my contract there is nothing i can do.

Thanks anyway,

Vicki

The agency is clearly not paying SSP properly. They may think they are paying some but they are not paying it properly and so have denied you SSP to which you are entitled. They must give you a completed SSP1 form.

If the strange rules they have for paying sick pay are in your contract (do you actually have a copy or are they making it up as they go along?), they should still give you the SSP1 form.

chrisbur

As LittleVoice says can you check your contract. Having had a think about it there is one way that they could use SSP to fit what they are saying. If the Qualifying Days were Wednesday and Thursday. Then for a first sickness your three waiting days would be Wednesday 23/1, Thursday24/1, and Wednesday 30/1. You would then be paid SSP for Thursday 31/1 at the rate of £36.28. If the contract has then ended an SSP1 form should be issued, and in fact should have already been issued as it should be done two weeks before the SSP ends.
Is there anything like this in your contract.
If not and your employer is just making up rules to suit themselves you can ask for a statement of how it was made up and get a formal decission from HM Customs and excise. I have quoted below the details and a link to the site they came from.

http://www.hmrc.gov.uk/leaflets/ssp.htm

What if I disagree with my employer’s decision about the payment of SSP?

If you think your employer did not pay you SSP when they should have done or have paid you too little, you are entitled to a written statement from them aboutt

• The days you got SSP , if any
• How much SSP you got for each of those days
• Why they did not pay you SSP for other days when you were sick.

If you still think that your employer’s decision is wrong and you cannot resolve it with them, you can ask your HM Revenue & Customs (HMRC) office for a formal decision from the Commissioners for HM Revenue & Customs.
The officer making the decision will send the formal decision to you and your employer with details of any further action either of you should take. If your employer takes no action following the formal decision, get in touch with your HMRC office again.
Your employer will not be able to pay you SSP while your disagreement is being resolved. If there is an appeal against the decision you may not get any money for several months. If you do not have enough money to live on, you may be able to claim Income Support from your Jobcentre Plus Office.

vickib128

I do not have a copy of my contract, this is actually at work in a file i keep, but the agency are sending me a copy. Hopefully this will be here tomorrow and i can check.

I just signed the contract with them without reading it as they told us when they took over that everything would carry on the same as it had with the previous agency.

Money wise i am fine at the moment(wages from last week and sold a few items from the home, and my FIL is quite generous), but i will have no wages this week at all, we are in the process of selling our house, we have signed the contract but the buyers solicitors are still re-raising enquiries. Hopefully this will go ahead, also i will be signing on at the end of this week/beginning of next week,

Thanks again

Vicki

vickib128

Hi, I recieved my TOE in the post today, but i am still confused.

All it says about SSP is:

"The Tempory Worker may be eligible for Statutory Sick Pay provided that they meet the relevant statutory criteria. For SSP purposes there is 1 qualifying day per week whilst on assignment and this is Wednesday,"

Any help on this?

Thanks Again

Vicki

LittleVoice

So they pretend you work only one day a week! Which agency is this?

vickib128

Select Appointments

Vicki

chrisbur

vickib128 wrote: »

Hi, I recieved my TOE in the post today, but i am still confused.

All it says about SSP is:

"The Tempory Worker may be eligible for Statutory Sick Pay provided that they meet the relevant statutory criteria. For SSP purposes there is 1 qualifying day per week whilst on assignment and this is Wednesday,"

Any help on this?

Thanks Again

Vicki

I can only assume that your employer could not or would not come to an agreement on qualifying days and as they proberbly had people working on many different patterns they picked the Wednesday option as shown below. Whether or not they were entitled to make this decission I am not sure.

There must be at least one QD each week.

If the employer and employee cannot agree the QDs, regulations provide for the QDs to be

• the days on which the employee was required to work under the contract, or every day of the week except those on which they agree that none of the workforce were required to work, or
• if there is no specified day of work, a Wednesday.

From http://www.hmrc.gov.uk/manuals/spmmanual/spm10140.htm

This means that your waiting days would be 23/1 30/1 and 6/2 and you would first be paid on 13/2 when you would get 72.55 for that day and for each Wednesday from then on. But as I understand it your contract will end before that so no SSP will be payable all QDs up to then being waiting days.
If they make a payment to you after two Wednesdays I assume that this will be company sick pay.

LittleVoice

Vicki

It seems to me that you would have a good case to show the DWP that your normal days were the regular five a week and that Select should issue a SSP1 saying they are not paying and why. Then progress things through the DWP.

BTW, Brook Street are not operating the "Wednesday" rule, so it is not an industry-wide procedure.