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Original poster

New job and SSP- so confusing!

11 replies

marriednotdead · 12/03/2011 18:52

I'm trying to establish whether I will be able to claim SSP both in the short and longer term.

I started working for a new company this week, on a zero hours contract. Annual leave is accrued on average hours worked but when I spoke to HR, they said this did not apply in the same way to sick leave, and that I would need to obtain form SSP1 to claim the basic entitlement direct via the Jobcentre.

I have an operation booked for the 3rd week of my employment, and am likely to be off for at least a fortnight.

Having waded through read several links, it seems I may be entitled to SSP if my average gross pay exceeds the lower earnings limit for the 8 weeks prior to my claim.

If they include the 4 weeks JSA in the 8 qualifying weeks, I just make it. If not, I won't.

Can anyone definitively tell me if I can claim SSP this time round, how I claim, and from who?

Also, in the longer term, do they have to pay SSP if I qualify? There is no mention of zero hours staff in the current handbook.

I feel very financially vulnerable, and am wondering if I have done the right thing in taking this job with the type of contract offered. I'm not usually off sick so it's never been an issue before but this has thrown me Confused

I would be very grateful for any advice Smile

OP posts:
Flojo1979 · 13/03/2011 16:05

Hi, have a look on gov website. Its usually easy to follow. I was off sick considerably throughout my pregnancy and my SSP was greatly reduced. Had i been on benefits prior and not 'working, off sick' I would have been entitled to more money from 'maternity allowance'.
I wouldnt worry either way as there is very little difference in SSP and maternity allowance, so if u dont qualify for one you'll get the other and both r pretty similar.

Original poster
marriednotdead · 13/03/2011 19:30

Thanks Flojo but I'm not pregnant! The scenario's similar though, I'd have been better off if I hadn't started work yet it seems Hmm

I've had another trawl through, but it appears to be a grey area as I've changed jobs. If I can't get SSP then I may be able to get contribution based ESA Confused

Will have to make one of those never ending phonecalls methinks Sad

OP posts:
Flojo1979 · 13/03/2011 21:20

Dur SSP soz was thinking SMP!

Original poster
marriednotdead · 14/03/2011 08:32
Grin
OP posts:
goodbyemrschips · 14/03/2011 09:43

You have to earn £95 for each of the 8 weeks before you are sick.

I think.

Original poster
marriednotdead · 14/03/2011 10:52

That's where it's unclear. My earnings have averaged more than that over the last 8 weeks but not with the same employer.

I've spoken to the benefits people this morning and they are processing a claim for ESA, as the new job will have to provide me with an SSP1 stating why they are not paying SSP.

Interestingly, my new employer was under the impression that they wouldn't have to pay SSP to me (or anyone else) ever as long as there's a zero hours contract in place. This directly conflicts with the advice I've been given this morning so they are going to look into it.

Bet they think I'm a right PITA.

OP posts:
Original poster
marriednotdead · 16/03/2011 08:58

I want to scream.

Am no further forward. Employer is insistent that I will never get SSP. HMRC are unsure and have told me to take my SSP1 (that I had to fight for) to my local Jobcentre to let them sort it out.

No-one seems to know definitively what the rules are, and I've been told off chided by my manager for daring to call HR Shock

This was after she 'accidentally' opened my SSP1, despite it being addressed to me and stanped 'private and confidential' in red ink Hmm
Oh, and gave my P45 that she's sat on since last Thursday to a nosey supervisor to bring to me to be signed- it doesn't need signing by me so they obviously don't know what they're doing...

Help!

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Original poster
marriednotdead · 16/03/2011 10:27

Been given yet another call- the disputes team set up to deal with cases like mine don't have a clear answer either.

Am in tears of sheer frustration Sad

OP posts:
Original poster
marriednotdead · 16/03/2011 12:13

Anyone. Please?

OP posts:
TheVisitor · 16/03/2011 12:15

Call ACAS, they'll be able to help you. 08457 47 47 47

Original poster
marriednotdead · 16/03/2011 12:25

Thanks. I spoke to them earlier.

They referred me back to the disputes team and said I have to lean on them to make a decision one way or another. If they refuse to pay me ESA because I'm entitled to SSP, then they will have to put that in writing so that I can raise it with my new employer again.

Can't see me winning employee of the month anytime soon, doubt they will ever offer me another shift at this rate Sad

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