Ssp stopped

[Lizzynilly]

Hi, I have been claiming ssp from my employer from I became ill from a serious medical condition, I tried to continue to work but my medication causes me to feel drowsy so I felt it was best not to work for my own safety and wellbeing. My employer was sympathetic and did suggest I reduce my hours if i needed but i felt it was best to come out of work completely. I've been receiving my ssp payments for the last few months until I received a letter today stating they will no longer be responsible for paying my ssp as they have evidence of gross misconduct before I left and that my employment is now terminated? I don't believe they are allowed to do this to me? Is this legal or has anyone else experienced this before and advise me what I should do next?

Thanks Liz

Are you saying this letter was the first you heard of being sacked?!

Yes, I've been on sick leave

Your employer should have investigated and gone through the disciplinary process before firing you. But if they have done that or can show good reason for firing you then yes they can still do so whilst you are on sick leave.

you should have been advised as to why you have been sacked and given the appropriate amount of notice as per your contract.

I would contact your employer and ask for a written clarification of the investigation and findings in regards to being terminated.

How long have you worked for your employer? Do you have a disability?

Thankyou for your replies, yes I have since been diagnosed with a disability, I'm not certain as to why they didn't go through the disciplinary process at the apparent time but I know there were other staff being investigated at the time and fired

How long have you worked there?

I'm sure they have to carry out investigation and disciplinary process as your have your rights to have your say on the matter. A decision can be made in someone's absence however this is only if they have been trying to contact you to set up a meeting and you've either refused or not answered the invites etc , then the meeting can go ahead in your absence. But if this is the first you're hearing of it I'm sure they can't do this!?
Have u been checking your emails/changed your number or anything to see if they have been trying to set up a meeting with you?

I'm sure they have to carry out investigation and disciplinary process as your have your rights to have your say on the matter

If the OP has less than 2 years service then that might be technically the right thing for an employer to do, but they can't claim unfair dismissal so the employer actually can just dismiss them. I wouldn't recommend acting in that way, but employers can get away with murder if someone hasn't got 2 years service.

PS. I did forget to ask another important question. Did you do it? Because if you did then the entire matter may be moot. You obviously know something about it because you know there were investigations and that others were dismissed.

If you are asking can they sack you while you're on sick leave, the answer is, yes they can. As long as they follow the process correctly.

Some really important questions to answer, and anyone you speak to for advice will want to know:

How long have you worked there?
When the original investigation started were you advised that you were being investigated?
Were you given anything in writing regarding the investigation and disciplinary process?
Have they told you what evidence they have against you?
Have they given you a copy of the disciplinary process, and have they followed it?

Yes, they can dismiss you while you are on sick leave. Yes, they can dismiss you for gross misconduct without a meeting. They don't have to give notice when sacking you for gross misconduct, as this is behaviour so serious it constitutes a fundamental breach of contract. However, they should have investigated the incident and given you a chance to respond to the allegations before sacking you. If you have been there two years, you may have a case for unfair dismissal. Even if you haven't been there two years, there is a possibility you may have a claim for discrimination due to your disability, but that is not clear from the information you have posted here. Consult a solicitor who specialises in employment law.