What happens after ssp

[amego]

Hi all my ssp ran out last week so I'm picking my ssp1 of my boss tomorrow

Thing is thay owe me Holliday pay so he says iv got to give him written notice that I am leaving the job

My question is what's the procedure after ssp runs out

Have thay got to sack me as of ill health

Do thay lay me of ???

Thanks dan

[Jofus89]

I don't think they can sack you just because your ssp has run out? It just means they stop paying you? I don't understand why you need to hand your notice in unless you were planning on leaving anyway? They can't force you to quit. Is speak to citizens advice and see what they think. I think they are treating you illegally x

[amego]

Ok thanks I'm still employed even after being ill for more than 6 months ??

I just don't understand as I was told thay can sack me after 6 months on the grounds of being ill

[Tiya_27 in reply to amego]

Hello,

You will need to have a look at your contract details and speak to the HR department. They can not sack u for being ill. They could get Into trouble for that. X

[Jofus89]

As above you'll need to check your contract but I'm sure they aren't aloud to do that. They can stop paying you and they can demand you go on training before recomesing employment but I don't think they can sack you or even ask you to quit. My friend just sued her old work because they made her quit threw sickness. Keep all letters/e-mails x

[amego]

Iv read contract and it's just basic nothing about sacking

So what's the procedure after being of for 6 months

Work related and ssp1 form

[hayls in reply to amego]

Hi

Firstly, they can't ask you to hand in your notice and I would strongly advise you don't unless you actually want to leave - they are trying to get you to leave on your own actions so that you wouldn't then have a claim against them.

However, once you have been off sick for more than 4 months continuously you are classed as long term sick. Employers are fully within their rights to dismiss employees who are long term sick due to not being able to perform their jobs BUT they must be able to show that they made reasonable adjustments to try to help you to be able to work, eg reduced you hours, light duties etc and they must show that you being off sick is having a detrimental effect on their business, eg having to hire someone else to cover you or the rest of your team being overburdened by covering your work as well as their own and that their business can't afford that. Have you been formally diagnosed as having endo? If so the need to make reasonable adjustments etc carries a bit more weight as you may be covered under the Equality Act 2010, depending on your circumstances. A lot of your situation will come down to why you've been off for 6 months and when its likely you will be able to return to work, eg on reduced hours etc.

[amego]

Thanks for reply

Iv been diagnosed with chronic anxiety which I'm under treatment since iv been of ,the company is in decline my position haven't been taken by another person

Haven't been offerd light duties my boss came to see me about 2 months after I was off

My boss has now finished there and there's a new boss there who I saw the other day for my ssp1 form

[Mturleykeeble]

Hi everyone,

SSP, I would advice you read the following document hmrc.gov.uk/payerti/employe...

I would advice if you can financially, to consider flexible working which may help to manage your Endo and may also help to reduce your sickness levels.

As you sad in your post your 'owes you annual leave' you can write to your employer and request for that annual leave to paid. For an explain if your going to be off sick for five days your employer can pay you from your annual leave that is owning to you (there was a ET1 case through the courts, where this amendment to the annual leave legislation came from) the IMPORTANT thing here is you must state in your letter you are taken annual leave instead of sickness absence. (just be mindful that you big up annual leave at 2.4 days per calendar month)

'dismissal' through 'capability due to ill health' this is correct, but just remember this is after all reasonable adjustments have been considered. (If you work for a small employer, it is harder to make reasonable adjustments) so if are dismissed and appeal and then log an ET1 then the size of the organisation is looked at, a review of all the adjustment etc... And also what the employee has done to help themselves as well.

Something else to consider, your GP can now refer you to an occupational health adviser (after 4 weeks you are classes as long tern sickness absence) to review your capability, review your working environments. Following the assessments the OH adviser will write a report and submit it to your GP, employer and you as the employee. It's something else to consider it came into place in February this year.

gov.uk/government/uploa... (it is an 80page document, but explains everything that is in place by the government)

I hope this information helps in some way, during this very difficult time.

[amego]

Much appreciated