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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Employment Law
Satisfied Customers: 11866
Experience:  Dual qualified Solicitor and Attorney
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After my sick pay ended after a year, is it the employers

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Hi, after my sick pay ended after a year, is it the employers responsibility to give you your SSP1 form on time? I got mine 6 months after my last SSP and was NOT told I could claim ESA so I missed out on back pay of it of 8 months
(I am in the process of Ill Health Retirement. Which has taken over a year)
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Hi, just with HR and my manager about my SSP1 form. Not discussed it regarding taking it any further.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Still employed by a university. Going through Ill Health Retirement. Supposed to take 4 months. It's been 14 months
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Thank you
Customer: replied 16 days ago.
I've been sending in sick notes, my GP sent a report saying I am unable to work and they have had access to my medical records and the independent Occupational Health doctor assessed me and reported I was also unfit for work now and in the future
Customer: replied 16 days ago.
Thanks Jeremy
Customer: replied 16 days ago.
Appreciate that
Customer: replied 16 days ago.
Struggle with telephone calls I'm afraid. I apologise

The SSP1 form is for the employer to provide to the employee when the SSP is ending, however, the issue is there is technically no time limit and furthermore, the employer would not be held liable for you not claiming ESA I am afraid as you would be expected to look into this and if you need the SSP1 to claim the ESA you would be expected to contact the employer to follow up I am afraid and also to ascertain what benefits you may be eligible for. I trust this assists

Customer: replied 16 days ago.
I was still employed so obviously I didn't think there was an alternative to SSP and was not told about it, so how would I know? Thanks so much
Customer: replied 16 days ago.
It says online that the SSP1 form should be given to employee 3 MONTHS before SSP finishes

You might not know but unfortunately it is not the employers obligation to inform you around the ESA. I have told you about SSP1 I said the employer should provide this before the SSP finishes but there is no legal obligation to do so the 3 months is a guidance not an obligation and in any event the employer is not liable if you do not claim ESA. I trust this assists

Customer: replied 16 days ago.
Thank you Jeremy. One last thing is it worth getting legal representative for the Ill Health Retirement taking an age. And especially if I don't get it

Yes I think that it is worth doing that. I trust this assists

Customer: replied 16 days ago.
Is it worth doing for the length of times it's taking? Would you be interested?

It is worth doing but it is not something I can do unfortunately we do not represent anyone through this service I am afraid. Take care

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