Statutory Sick Pay ...
 

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[Closed] Statutory Sick Pay advice

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Looking for some advice.  I have been claiming SSP for the last 4 weeks, this is the first time I have claimed any SPP or benefits, I have always worked.

I am still currently signed off sick by my GP.  I have just received an email from one of the MD's saying that they are giving me one weeks statutory notice, so the that the date of termination of your employment is Thursday 5th of April 2018.

They have also listed many facts that are simply untrue and to the point where some of the facts/issues have been deliberatley set up against me.

I have been there around 18 months and this is all being set up so that they can sack me.

Is it worth contacting the HMRC Dispute line or am I simply going to have to accept this?


 
Posted : 29/03/2018 5:22 pm
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Why would you want to contact the tax office?

You need to speak to Citizens advice bureau but i think you're pretty much sacked, sadly. I seen to have it in my mind that you don't get full employment rights until you have been with your employer for 2 years.


 
Posted : 29/03/2018 5:47 pm
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Yes unfortunately, unless you go for a discrimination or whistleblowing angle, they can pretty much do what they want with impunity.

Depending on why you’re off sick you may have grounds on the former.


 
Posted : 29/03/2018 5:51 pm
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I seen to have it in my mind that you don’t get full employment rights until you have been with your employer for 2 years.

This, sadly, is true.


 
Posted : 29/03/2018 5:52 pm
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You should be able to ask for a face to face meeting though to give you a chance to put your side across. Generally though in these cases the die is set and you'll just delay the inevitable.

Have you had any run ins with management or anything other than this sickness episode?


 
Posted : 29/03/2018 5:59 pm
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Why would you want to contact the tax office?

The HMRC statutory payment dispute team are there should the employer refuse to pay SSP.

I had read somewhere that it was 2 years, so I think thats the end of it all......so the sacking will put an end to SPP then I guess.....


 
Posted : 29/03/2018 6:05 pm
 poah
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you should make sure that they are not being discriminatory against you and that they have followed the company's own policy regarding dismissal.

obviously if you cannot do your job due to your illness then they can fairly dismiss you.


 
Posted : 29/03/2018 6:27 pm
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As above at less than two years service you do not have recourse to tribunal under most circumstances but there are some - disabilty discrimination etc where this does not apply

You need proper professional advice - I take it not a union member?  It may well be possible to get some redress especially if they are making false statements that you can prove are false but its not going to be easy or straightforward.

Citizens advice or employment lawyer are your options but its a small chance of getting any redress.


 
Posted : 29/03/2018 6:51 pm
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Sounds like its more trouble than its worth....but thanks anyway, worth a shot.....


 
Posted : 29/03/2018 7:05 pm
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Regarding the two years mentioned above. Someone I know very very well was binned from somewhere within two years and got 3 month pay off. So don't take the 2 year deadline as absolute

I seem to recall some **** Tory minister espousing the flexible workforce this afternoon. He was saying the UK workforce is one of the most flexible in Europe but he wants to make it more so.

Which he'll be given a white map to do as soon as were shot of those pesky frenchies.


 
Posted : 29/03/2018 7:14 pm
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Give ACAS a call, and have a look at thier website, I've found them helpful in the past, they are more employment focused than citizens advice, so certainly worth a look.

Are you being sacked, or made redundant, or are you still on probation /extended probation?

The exact wording of why you are being 'let go' is critical here.


 
Posted : 29/03/2018 7:17 pm
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I have been there around 18 months and this is all being set up so that they can sack me.

If I’m reading this correctly.....

I have just received an email from one of the MD’s saying that they are giving me one weeks statutory notice, so the that the date of termination of your employment is Thursday 5th of April 2018.

.....it looks very much like they already have and SSP is the least of your worries.

Sorry to hear that. It’s the absolute last thing you need right now.


 
Posted : 29/03/2018 7:22 pm
 poly
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Two points worth considering: does your contract require only 1 week notice? does your contract require "notice in writing"? whilst neither of those will necessarily bring you any significant help they may help you get a few extra weeks before you have to pursue JSA (which might not be so easy if off sick).

Another point to be aware of is that many mental health conditions, including depression, can meet the statutory definition of "disabled" even if you would not use the phrase yourself.  Firing someone because of, or connected to, their disability is never a great idea.  If you have legal cover with your house insurance they may be able to help - and often can negotiate a reasonable out of court settlement when the employer has been stupid/overzealous.


 
Posted : 29/03/2018 9:38 pm
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That's a very good point actually. My Bipolar has me under the Disability Act which makes things quite difficult for my employer to get shut of me now that they've cottoned on to just how rubbish i am. That's definitely worth looking into. I doubt they'll have a complete turn around but they may pay you a few extra weeks to go quietly?


 
Posted : 29/03/2018 10:01 pm
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My wife was off work recently for 2 months with Anxiety (existing condition). Came back to work and within a day or so they were listing faults with her work (no proper return to work),

She's done a law degree, so a carefully worded email at weekend about Disability Discrimination, and return to work practice, and lodging a grievance, they said don't come in.  They offered her effectively 6 months pay off. She'd only been there a year, but they were in the wrong (and the business was cash rich).

Under two years and you are a bit knackered unless there is a condition underlying the illness.


 
Posted : 29/03/2018 10:21 pm
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Would it make any difference if the actual job caused the illness?


 
Posted : 30/03/2018 9:44 am
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Would it make any difference if the actual job caused the illness?

You have hit the nail on the head for me, everything that has happened and is still ongoing, but it was the job, more so one of the so called MD's that has been at the centre of all the ongoing stress etc.

Since February there has been so much going on at work that you would never expect to happen at in a working environment, making the working conditions for me, toxic.


 
Posted : 30/03/2018 10:00 am
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Thats perhaps the best way - ( get proper advice) make a claim for discrimination under disability.  That would give you recourse to a tribunal but they will not want to go down that route.  Negotiate a payoff ( compromise agreement) where they agree to pay you if you shut up and go away.  Ask for 6 months pay, settle for 3


 
Posted : 30/03/2018 10:06 am
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I'm definitely not clued up on hr type stuff being a hairy arsed builder, but even I know if the company you are working for has caused the illness then they must be held accountable in someway? As I say ianhr though.


 
Posted : 30/03/2018 10:13 am

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