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Agency behaviour appalling over SSP/P45/Holiday Pay

7 replies

Fullhalfempty · 13/11/2019 20:52

I started work in October 18 for an agency, got put into an assignment straight away with the promise that it was going to become a permanent position with the company (not the agency) once I completed my probation. It never happened.
23 July 19 I became ill with migraine & sleep apnoea, told the agency & self cert for 7 days.
2 August I got to the doctors who signs me off from the first day of sickness until the 11/8. Agency text that day asking for an update & I tell them I have a sick note & what do I do about SSP. I didn't get a reply.
On the 4/11 i text the agency to ask again about SSP & i get a reply saying that my assignment got cancelled on the 2/11, go to the job centre for SSP.
I found out from the JC that I needed to call HMRC for SSP which I did & they opened a dispute.
When I asked the agency for work from the 11/8 I was told that while an HMRC dispute was in place HMRC informed them not to give me anymore employment until the dispute was over. I spent the next week making 871 calls to HMRC to find out if this was true from my case worker. It wasn't true but the agency wouldn't budge. I then wasnt fit to go back to work as I got Bells Palsy the next week (2nd episode) brought on by excessive stress dealing with this unjust behaviour I believe.
Anyhow it took until the 15/10 for HMRC to hold the agency responsible for my SSP & ask them to pay.
The agency took until the 25/10 to email me that I was receiving my final payslip as my contract of services ended on the 18/10 (a week previous) my p45 was also included.
I returned an email asking for my holiday to be paid that had not been included.
This was paid a week later, which I thought was the end of this nightmare but to top the icing on the cake they did it on a BR tax code & I lost another £105.
I cannot explain the stress this has caused me, well the evidence was in my parylised faced, I'm trying to play catch up with finances, lost all my confidence, now have to find a new job after sickness, feel so angry that they can get away with this.
Does anyone know if there is any grounds for a grievance, legal battle etc
I dont want anyone having to go through being denied SSP or being treated like this & if they are breaking any laws they need to be held accountable for their actions.
Sorry its long winded. Many thanks

OP posts:
BritInUS1 · 14/11/2019 03:48

You have been there under 2 years, so you have no recourse on grievance, etc

Once they have issued a P45 they have to do any further payments on a BR tax code, so that is correct. At the end of the tax year if you have paid too much tax it will be reimbursed or you can phone HMRC and ask for it to be refunded.

I think some of the dates in your message are incorrect which is making it hard to read.

Did you really call HMRC 871 times !

I don't really understand what you have written, but it sounds like you have everything you were owed now - draw a line under it and move on

SD1978 · 14/11/2019 03:53

Sorry your post is a bit u clear. You had three weeks off from an agency job, could have worked one week, then were off sick again. The paid you eventually what you felt they owed, but at the wrong tax code. Can you claim that direct from HRMC?

Windygate · 14/11/2019 04:51

They way you keep changing how you write dates is really confusing. Have you been off sick from July to November?

UhareFouxisci · 14/11/2019 06:31

No don't attempt to mount a legal case about this, it's not worth the agro.

If you remain unemployed until 5th April and your earnings for the whole tax year are less than £12,500 you will get the £105 back then. However, if you get another job before then which takes your earnings for the tax year above £12,500 then you will start that job with the P45 you currently have which states your earnings so far this year without the holiday pay included, which would mean it was entirely correct for the holiday to be taxed on a BR code.

Its shitty that they didn't pay your SSP when they should have but they have done it now and you have no evidence that they haven't "learned their lesson" already - they might behave correctly if this arises again with another worker. You'd need to assemble a number of people who are treated in the same way sequentially to have a case.

Terminating the employment of someone whose health issues do not allow them to fulfil the functions of the job is not illegal, and doesn't require a huge rigmarole of formal procedures if the employment has been less than 2 years, they can just choose to stop. There is some protection if the health issues amount to a disability - but you would have had to declare it as a disability in advance and discuss what reasonable adjustments would enable you to fulfil the requirements of the job. So I think that is irrelevant.

Fullhalfempty · 14/11/2019 13:10

@BritInUS1 Sorry you cannot read the dates, they are all correct.

Yes I really did call HMRC 871 times because I needed to sort a situation & the phones were permanently engaged.

Sorry you cannot understand, its not as easy as draw a line under it when all i see in the mirror everyday is the stress scarred on my face for the rest of my life.

@SD1978 when I was originally off work with the migraine & sleep apneoa I was ready to go back to work at the end of that period, hence I asked to go back to work, what I didnt expect was to then watch my face paralysis over a few days & be diagnosed with Bells Palsy which meant I was then enabled to work after I had asked to go back. If I knew this was going to happen I wouldn't ask to go back.

@Windygate yes I have been off work from July until November

@UhareFouxisci it's not so much the tax as I know I will get that back, it purely comes down to how they have treated me, I just feel very deeply saddened that this is allowed to happen. It's obvious that they didn't like HMRC being involved, (even though it was at a result of them asking me to go to the JC to apply for SSP) they then did everything they could to cause me more & more financial headache when I should of been resting trying to recover. Thankyou for taking the time to read & offering a decent reply.

OP posts:
Reachedsohigh · 14/11/2019 16:04

What do you hope to achieve? Your health is already suffering and you are not owed anything so surely it is better to draw a line under it and move on.

Countrylifeornot · 14/11/2019 19:56

OP, your 871 calls (average of 174 a day) would surely have caused you a huge amount of stress? Are you mentally well? I mean that kindly as you seem to have absolutely no hardiness or resilience, which is often comorbid with poor mental health.

I think you need to let this go and work on building some resilience to stress and maybe find some coping mechanisms for when life inevitably let's you down next time, as it does to us all.

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