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  • FIRST POST
    • James hoover
    • By James hoover 11th Feb 19, 11:33 AM
    • 3Posts
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    James hoover
    Can my employer withhold or refuse to pay me ssp
    • #1
    • 11th Feb 19, 11:33 AM
    Can my employer withhold or refuse to pay me ssp 11th Feb 19 at 11:33 AM
    Hello everyone so here is the situation Iím in right now. I currently work for a well known retail company in Manchester I wonít name drop for confidentiality reasons. But I have been signed off work by my doctor for the last three weeks due to mental health issues. However my employer has stated to me that they are withholding my ssp payment because they believe my illness is not genuine even though I have doctors note and have been supplying them for the past three weeks . However they have no evidence thatís suggests it isnít genuine there is nothing I have done that suggests it isnít genuine . I wish I wasnít ill so this makes it much worse for me. Iím asking for advice because what sort of evidence would they need legally to withhold ssp if my illness wasnít genuine because they really donít have any to back up their claim. Any help would be greatly appreciated thank you.
Page 1
    • Comms69
    • By Comms69 11th Feb 19, 11:36 AM
    • 7,053 Posts
    • 7,490 Thanks
    Comms69
    • #2
    • 11th Feb 19, 11:36 AM
    • #2
    • 11th Feb 19, 11:36 AM
    If you are eligible for SSP, they cannot withhold it without very good reason - obviously you not being ill would be one of them.


    They can however withhold any contractual pay.


    Have you asked them why they believe this? (how long have you worked there?)
    • huckster
    • By huckster 11th Feb 19, 11:39 AM
    • 3,456 Posts
    • 1,531 Thanks
    huckster
    • #3
    • 11th Feb 19, 11:39 AM
    • #3
    • 11th Feb 19, 11:39 AM
    If you search online, there is a form you can request the employers complete, if they are refusing SSP.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
    • huckster
    • By huckster 11th Feb 19, 11:44 AM
    • 3,456 Posts
    • 1,531 Thanks
    huckster
    • #4
    • 11th Feb 19, 11:44 AM
    • #4
    • 11th Feb 19, 11:44 AM
    See this CAB article. The form is linked in point 3 of the top tips within the article.

    https://www.citizensadvice.org.uk/about-us/how-citizens-advice-works/media/press-releases/employers-tricking-people-out-of-sick-pay-says-citizens-advice/
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
    • TELLIT01
    • By TELLIT01 11th Feb 19, 12:05 PM
    • 6,007 Posts
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    TELLIT01
    • #5
    • 11th Feb 19, 12:05 PM
    • #5
    • 11th Feb 19, 12:05 PM
    If they are refusing to pay SSP they must provide you with form SSP1 to indicate why. You will then be able to put a claim in for 'New Style ESA' on UC depending on your NI contributions and other factors.
    • sportsarb
    • By sportsarb 12th Feb 19, 8:18 AM
    • 622 Posts
    • 454 Thanks
    sportsarb
    • #6
    • 12th Feb 19, 8:18 AM
    • #6
    • 12th Feb 19, 8:18 AM
    If you’re unhappy with a decision
    Talk to your employer if you think:

    their decision not to pay you SSP is wrong
    you’re not getting the right amount of SSP
    You can ask them for a reason. If this does not sort the problem, contact the HM Revenue and Customs (HMRC) statutory payment dispute team.

    HMRC statutory payment dispute team
    Telephone: 03000 560 630
    Monday to Thursday, 8:30am to 5pm
    Friday, 8:30am to 4:30pm
    Find out about call charges

    Try ringing the number above, although I have no faith in them to actually do so, the ESA fresh claim processor should be asking why no SSP is being paid if you go ahead and make a claim. So doing this before hand will hopefully speed things up.
    • calcotti
    • By calcotti 12th Feb 19, 8:25 AM
    • 1,567 Posts
    • 1,084 Thanks
    calcotti
    • #7
    • 12th Feb 19, 8:25 AM
    • #7
    • 12th Feb 19, 8:25 AM
    Just to add to what sportsarb has posted, I have recently come across an instance where the HMRC intervened with the employer who did then pay SSP.

    OP, do you have any other household income and/or savings? You may be entitled to Universal Credit anyway. For a single person aged over 25 with no other income UC will pay £66/month in addition to SSP, or 317/month if no SSP.
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