Employer Refusing to Provide SSP1

Employer was refusing to pay SSP or give SSP1. Client subsequently dismised and our employment lawyers are dealing with this plus lack of SSP through an ET1.

We advised her to claim ESA, though we were not sure how the DWP would treat the lack of a SSP1. They have now refused ESA due to lack of SSP1 and given a number to contact HMRC.

Is there anything we can do about her ESA, apart from take it up with HMRC?

Many thanks

I’ve never had a client refused ESA due to not having an SSP1. JC+ expect the client to have tried to get one and we always detail what efforts have been made to get one but ESA has always been awarded despite the lack of an SSP1 - it does take a little longer though.

What benefit centre made this decision?

Just to be clear, is she trying to claim some ESA in respect of the period before her dismissal? If so, then it’s probably not so much lack of an SSP1 that’s the problem, but that she would not have been entitled to ESA while entitled to SSP.

For ESA entitlement post-dismissal, have they actually made a decision, or have they just “refused to accept” a claim?

Sorry I could not respond - our e-mail has been down.

The DWP letter reads;

“Your claim to ESA has been withdrawn as you have stated that your employer is refusing to pay you SSP and refusing to provide you with an SSP1 form, we cannot pay you ESA unless your employer provides us with an SSP1 form. You will need to contact HMRC to obtain help and advice on (Tel No Given).”

The ET hearing is on 01/10/12.

What is the best approach to ESA, apart from appeal (the use of the word “withdrawn” obviously leaves them wide open)?

I get very annoyed when employers refuse to pay “Statutory Sick Pay”
I often feel like asking the employer to look up the meaning of the word “Statutory” in the dictionary and then ram it down their throats.
As the ESA claimant is no longer employed ( as they were dismissed ) surely the SSP1 thing is irrelevant now?

Are DWP actually aware that the client is no longer employed? If in any doubt, give ESA evidence of the date of dismissal. Be prepared to argue why any existing claim should (only) be dated from after that point onwards (or from after week 28 of sickness, if was still employed that long).

I don’t know what DWP “withdrawing a claim” on someone’s behalf really means, so I wouldn’t like to say what’s practically the best to do to get a claim back in payment, in terms of: appeal, complain, new claim, reconsideration, repair a defective claim, whatever.

hi

here’s a link to house of lords judgment in kerr -

http://www.publications.parliament.uk/pa/ld200304/ldjudgmt/jd040506/kerr-1.htm

cheers ros

Have checked with our employment lawyers and I got the dismissal bit wrong - she is still employed so the ET case is unlawful deduction from wages i.e non payment of SSP. However, I doubt the ET case will resolve the refusal to provide an SSP1.

Does anyone know if this is required in some Reg somewhere?

Thanks

Rather than start a new topic, I found this one where my client is in pretty much the exact same situation, only she’s not got a refusal yet, we’re just putting in a claim. She’s not been dismissed, so has no P45, and work are refusing to provide the SSP1 (which among other things I have referred on to employment advice). I’ve just got one question really - mentioned above are other ways to prove she’s not getting SSP - what would these be? If I can point my client towards these, then we can bang this in straight away with a covering letter and hopefully resolve the situation without having a massive fight with JCP.

How are her wages usually paid? If by direct transfer to her bank account I would say bank statements covering the relevant period should be sufficient to demonstrate that SSP is not being paid.

Yup, bank transfer. I’ll suggest that and draft a letter, cheers.