DD's employer refusing to pay SSP

[RoseJam]

DD works for a multi-million UK pub/restaurant chain.

Over Covid, her manager sacked her (with no notice) and did not pay her furlough. In January, her manager needed staff, so DD -foolishly- started working for her again.

Unfortunately, DD had an accident recently and is physically unable to work for up to 3 months. Her doctor has signed her off. DD asked her manager to put her on SSP, but the manager has refused and told her that she no longer has a job.

DD earns just over £120 per week (part time) and has checked company policy, and is entitled to SSP (but not additional company sick pay as she has worked for less than 13 weeks).

Any advice as to how my DD can handle this?

Let me guess, Wetherspoons?! No advice OP but sorry your daughter is going through that. Completely immoral behaviour

Unfortunately with less than 2 years service an employer can let you go for any reason whatsoever as long as it’s not discriminatory. What they’ve done is immoral, but not illegal.

The only possibility is if the accident has led her to have a disability - then it might be counted as disability discrimination and she might have a case.

Unfortunately if she’s been sacked then the employer has no obligation to pay SSP. TBH I can see why they’re not holding open a job for 3 months for someone with short service.

Absolutely appalling way to treat someone. She may be eligible for new style esa whilst she can't work depending on how much has been paid I'm NI contributions previously.

She has been terminated on capability grounds (not that a reason is needed). I don’t think many employers would fund a new employee for thee months of sick leave.

Not disagreeing with any of above, but if the accident was at work, she would have a case. I’d contact ACAS and have a free consultation with an employment law specialist to go over the specifics and what her rights may or may not be.

@EmpressCixi if she had an accident at work due to the employer’s negligence then she might be able to bring a personal injury claim, which has no bearing on them continuing to employ her or administer SSP on behalf of the government

She doesn't have any right to sick pay as she has hasn't even been there for 13 weeks.

[quote HermioneWeasley]@EmpressCixi if she had an accident at work due to the employer’s negligence then she might be able to bring a personal injury claim, which has no bearing on them continuing to employ her or administer SSP on behalf of the government[/quote]
I didn’t say she’d have a right to SSP, only that she may have a “case” against her employer. That’s why I said call ACAS to talk to a specialist for free.

Furlough was only paid if staff were unable to work, not for when they are sacked / let go

Many employers didn't keep employees on during that time as staff accumulated rights, holiday, etc while they were off

I'm not surprised the job is not being kept open for 3 months. SSP is no longer reclaimable so many employers don't want to pay it

Was the accident at work? If so, that is an angle worth pursuing