My father is currently off sick and his employers are only paying him SSP is this legal?

Question

I was under the impression that employers had to pay full pay (obviously part made up of SSP) for a limited period. My father has applied for housing benefit etc but has been told he does not qualify. There is no way he can live off 72 pound per week and is seriously thinking about going back to work, this will be against doctors advice as he is currently waiting on major surgery

Answer 1

Unfortunately SSP is the legal minimum. Your Father should ask his firm for a copy of their sickness absence procedure to make sure they have made no provision, in case it is a mistake or a breach of his contract if there is provision but he has not been afforded it.

It is rare for employers to make no sickness payment at all these days...sorry but it sounds like this company are shockingly bad employers.

Answer 2

It depends on what is stated in your contract of employment. So many people get one when they first start working but never read it or their 'staff handbook'. If they have paid you company sick pay in the company year, so to speak (these are not the same as a annual year i.e some companies work April to April). and you have reached your entitlement on that company sick pay then ssp will be paid. It all really depends on the contract I'm contracted for 4 week sick pay at full rate in one year. after that I'm on ssp. this would also be the same for a pro-rota year so if you only worked 3 days a week you would only get sick pay at 4 weeks for the 3 days of the week you would work! A lot of companies don't pay company sick pay at all so you might have been lucky not to have been on ssp on your first illness. like i said at the start check your contract (by law you have to have one) this should detail your sick pay entitlements or point you to the official company document about sick pay. hope that helps

Answer 3

Yes that is legal. Anything paid above the SSP is them being nice people. I agree that £72 per week is nothing and definately not enough to support yourself, let alone others. Ok, housing benefit said no, but there are other forms of benefit out there that may be able to help. Im not an expert on the benefits area but im sure there is a benefit that covers temporary inability to work due to injury etc.

Answer 4

It's completely legal. Some companies choose to implement a more generous system but SSP is by definition 'Statutory Sick Pay' and it is the amount which a company is legally obliged to pay an employee absent on sick leave.
There are some complexities regarding SSP calculation however most payroll software used by reputable companies will allow for these so you should assume your father is getting the most he can out of his employer.
This does not answer the question of whether it is 'moral' to pay this amount, however that's another question.

Answer 5

Its a "nice to have" if a employer pay full pay hence companies use it as a advertising feature to say "work for us we are better than the competion companies to work for" but it is not a requirement for them too.

Hence why he is getting SSP which is the minimun requirement. Sounds like he should look for a better employer.

Answer 6

Sick pay or a lack of it is subject to his contract of employment so his employer is quite right if it is not part of his employment terms. I should contact DHSS or Citizens Advice who may well be able to point you in the direction of additional help

Answer 7

Yarx is correct regarding your fathers entitlement.

Regarding returning to work against the doctor's advice - the employer shouldn't let him return when he is signed off as it will invalidate his employer's liability insurance. He will need to either not seek a renewal when his current doctor's line expires or ask the doctor to sign him back to work.

The doctor should only be signing him back when they feel he is medically able to return.

Answer 8

To be candid, one has to first take a look at the Staff Conditions of Service which your father signed with his employers. If your father's employers are complying with signed agreement between them, I am afraid there is nothing we can do. If however the agreement is contravened, then, a lawyer can take up the matter on your father's behalf.

Answer 9

you are allowed 4-6 months full sick pay (depends on company) and then you have to go on to ssp

Answer 10

your employer pays ssp and you have to claim the difference from the dhss they will give you a form to fill in .They will try to tell you the form comes from your employer but it doesn't they have it so inssist that they give you the right form its yellow i think good luck.Don't take no for a answer.