SSP......civil claim

[Thomas_P]

Hi all

I was off sick for 20 weeks and provided sick notes to my employer to cover the entire period.

My employer failed to make any payment to me and did not advise why.

I contacted HMRC who wrote to my employer, but they did not respond, so HMRC assessed my request and decided that I was eligible for SSP. HMRC instructed my employer to pay SSP due, they failed to do so and instead challenged it.

HMRC accepted my employer's challenge and so sought to verify my inability to attend work. They wanted me to give permission for access to my private medical records, which I refused and so they closed the case.

My question is - can I now bring a civil claim against my employer for unpaid SSP?......maybe breach of contract? The timescale for bringing a claim in ET has passed. Does the fact that HMRC were involved and my employer challengef it have any bearing on my claim, given that the case wad closed without a decision having been made?

Thanks

[des8]

Re: SSP......civil claim

You can bring a claim against your (ex?) employer for breach of contract because the right to SSP is a contractual term implied by statute.

Be aware however that the employer could possibly counterclaim for any losses (s)he might have sustained.
We do not know the basis of the employer's appeal to HMRC, and whether or not it has any validity.

[Thomas_P]

Re: SSP......civil claim

Hi des8

Many thanks for your reply.

The basis of my employers challenge against SSP was that they alleged the sick notes weren't genuine and that I appeared to be physically fit and well. However, I was not absent due to a physical illness; I was psychologically and emotionally unwell, which my sick notes stated. Also, the sick notes detail the GP information, which can be verified as genuine.

Thanks again.

[mariefab]

Re: SSP......civil claim

It's a shame that you didn't feel able to permit HMRC access because jurisdiction to deal with SSP claims rests solely with HMRC.

[des8]

Re: SSP......civil claim

My understanding is that If the OP is still employed by same employer they could sue for unlawful deduction of wages in county court.

[mariefab]

Re: SSP......civil claim

The OP probably could do that. But only if he could establish that he was entitled to SSP in the first place.
Since 2005 HMRC has had exclusive jurisdiction to determine disputes on the entitlement to SSP.