Employer not paying sick pay
Discussion
Right,
My Brother's GF has broken her foot which means that she can't really go to work as she works in a junior position in a stables which is quite physical work. Her employer says that they won't pay her sick pay.
She has no contract with them
Been working there 2 years in October
Does 40 hrs a week full time
Has been signed off for 5 weeks and only broke her foot at the weekend.
As far as I can tell she should be entitled to Statutary Sick Pay at ~£80 a week and her employer should do all the legwork in terms of getting this set up.
I'll suggest that she trys to do a bit of office work there rather than physical but I don't know how much opportunity there is for that.
Any suggestions from the resident employment law buffs?
Thanks, and sorry for the length!
My Brother's GF has broken her foot which means that she can't really go to work as she works in a junior position in a stables which is quite physical work. Her employer says that they won't pay her sick pay.
She has no contract with them
Been working there 2 years in October
Does 40 hrs a week full time
Has been signed off for 5 weeks and only broke her foot at the weekend.
As far as I can tell she should be entitled to Statutary Sick Pay at ~£80 a week and her employer should do all the legwork in terms of getting this set up.
I'll suggest that she trys to do a bit of office work there rather than physical but I don't know how much opportunity there is for that.
Any suggestions from the resident employment law buffs?
Thanks, and sorry for the length!
I've had a similar issue as I'm on Tramadol (painkillers) and can't work anymore due to operating the machinary while dosed up.
The employer has a duty to provide an SSP1 form stating why they will not pay SSP, then she can claim through the new Earning Support Allowance scheme, through the job centre. She would automatically have a contract of employment (verbal) if she has been working there over two months and should be entitled SSP if she is working over the required threshold of hours.
I went to my local CAB, who gave me the above details, I can't get SSP because I'm a bank worker, and haven't averaged enough hours over the last few months.
The contact details for ESP (Jobcentre national number) is -08000 556688, but they will require the SSP1 which can be downloaded from the internet (not sure where exactly, direct.gov?)
I hope you get this sorted!
Jen
The employer has a duty to provide an SSP1 form stating why they will not pay SSP, then she can claim through the new Earning Support Allowance scheme, through the job centre. She would automatically have a contract of employment (verbal) if she has been working there over two months and should be entitled SSP if she is working over the required threshold of hours.
I went to my local CAB, who gave me the above details, I can't get SSP because I'm a bank worker, and haven't averaged enough hours over the last few months.
The contact details for ESP (Jobcentre national number) is -08000 556688, but they will require the SSP1 which can be downloaded from the internet (not sure where exactly, direct.gov?)
I hope you get this sorted!
Jen
It's on this page, along with a lot of other useful info.
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/Be...
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/Be...
GreenV8S said:
How legal is her employment? Have her employers actually been making her NI contributions, for example?
As far as I know they have, not too sure but I think so. Presumably, if she hasn't been they she and her employer (more so) may want to tread carefully!?I have passed it all the info on to her and I think I'll leave her too it.
Thanks everyone for the info.
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