View Full Version : Got stiffed by my employer!


midvixen
15-05-2006, 12:14
Just found out I'm not entitled to SSP from my employer even though it states in my contract I would get it.

I only earn £52 a week, working 10 hours - basic, but there was nothing in my contract stating if I didn't earn above a certain level I would get nothing.

I have been off now for about 6 weeks with whiplash and feel that my employer should have stated in my contract about the threshold for getting SSP.

I'm feeling really peed off and have handed my notice in. I can't see the point of having the hassle of trying to get a Dr's appointment every week for another sick note to send it off for no reason.

I know I'm just being a whinge, but I really feel let down by work. Surely they should state in the contract about not getting SSP if you don't earn enough.

I'm off for a sulk now!!!!!!!!:rant:

Meaks
15-05-2006, 12:19
To get SSP you must earn, before tax and National Insurance an average of £84.00 a week.

Some more details here (http://www.dwp.gov.uk/lifeevent/benefits/statutory_sick_pay.asp). :|

RazorSHarp
15-05-2006, 12:26
6 weeks with whiplash??? What are you a giraffe? should have got easier by now, I'd go back to the hospital if it is still keeping you off work and ask for a 2nd opinion, are you still signed off by the Doctor?

DIVA
15-05-2006, 12:29
Yeah, and also try and make contact with your local citizen's advice bureau, they may be able to help. Are you in a union or association or anything? Coz they may give you some money/a loan to help?

midvixen
15-05-2006, 12:35
Yeh, I'm still suffering because of a previous whiplash accident a few years ago. The Doc says I will probably suffer for quite a few months. I'm not bothered about the money side of it. I'm just mad because they didn't have the decency to put it in my contract. Especially when most of the contracts at this place are the same sort of hours as mine and there is no mention of SSP for the employees who work shorter hours and are paid less.

RazorSHarp
15-05-2006, 12:39
you will be able to claim benefits, call the DWP, they will let you know what you are entitled to.

peterw
15-05-2006, 13:02
Just found out I'm not entitled to SSP from my employer even though it states in my contract I would get it.

I only earn £52 a week, working 10 hours - basic, but there was nothing in my contract stating if I didn't earn above a certain level I would get nothing.:

A contract is a contract; a legal document. Take it to a solicitor offering free advice, but read it first — all of it — to ensure there is no ‘small print’ stating the number of hours you must work, or the salary you must achieve before getting it.

rmc123
15-05-2006, 13:17
IIRC - SSP is a statutory right and therefore is an implied term in your contract. I don't think your employers have to mention it as it's something that you may or may not be entitled to under statute. It applies to all employees no matter where they work.

Hope that makes sense and is correct!

taxman
15-05-2006, 13:21
A contract is a contract; a legal document. Take it to a solicitor offering free advice, but read it first — all of it — to ensure there is no ‘small print’ stating the number of hours you must work, or the salary you must achieve before getting it.

Nah, we make the rules on SSP and Meaks is quite right, to get SSP a person must earn an average of over £84 for 2006-07 in the period of at least 8 weeks before the first day of sickness.

This is due to SSP being one of those benefits paid for by National Insurance contributions and if a person is not earning enough to have NI deducted then they will not be entitled to the benefit.

DaBouncer
15-05-2006, 13:22
When I first read the title to this thread I thought it was gonna be about something else :heyhey: :hihi:

Cyclone
15-05-2006, 13:28
I've never seen SSP mentioned in a contract, it's a state benefit, not something provided by the employer.

kath196
15-05-2006, 14:30
I think you should be able to claim incapacity benefit, I think this is usually payable if you arent entitled to ssp
Kath

willman
15-05-2006, 14:33
the award is not governed by your employer.
all contracts usually state that you will recieve it,'cos they are cover all contracts.
the government decide what is the cut off level.
sue for loss of earnings,if it wasn't your fault, your solicitor can sue the insured party to make up losses.
the only thing they wont try it for is "sale bonusses",'cos you can't guarnatee you would have achieved them.

taxman
15-05-2006, 14:44
I think you should be able to claim incapacity benefit, I think this is usually payable if you arent entitled to ssp
Kath

Our guidance to the employer states that if an employee is not entitled to SSP then the employer must issue form SSP1 to this employee and advise the employee to contact their nearest Jobcentre Plus or social security office to claim Incapacity Benefit.

Form SSP1 simply explains to the employee the reason why the employer coud not pay Stat Sick Pay.