Following my Questions about Colleagues sick pay

[ojread2]

This same peroson was off sick for a number of months (v serious) and was, at the time, told incorrectly it now seems, that she was not entitled to any sick pay (SSP). She wasn't even given the SSP1 (?) form to fill in
Can she claim this SSP now, 2.5 years down the line? Can she do anything about this at all?
TIA again for any help

[TCL-MUMPING]

This link http://www.hmrc.gov.uk/helpsheets/e14.pdf is the Employer's guide to SSP. Go to page 25 and it tells you exactly what to do.

[buildersmate]

Yes, she should do this (ask for a written statement as to why the employer believes SSP should not be paid). One suspects that the employer was trying to pull the wool over her eyes because it is part of the HMRC process that the employer explains why it considers she is not entitled.
Then, armed with something in writing, she can approach HMRC for a hearing.
HMRC takes a dim view of employers trying to avoid using the system and it is civil office punishable by a fine up to �3000. There are reasons why an employer might try and do this - it is only when the sum of SSP exceeds a certain proportion of the total salary bill that the employer can reclaim the SSP payments made to staff. So it could be they were trying it on to save money.

[ojread2]

Many thanks for your replies
Exactly what I needed to know - it seems that this employer has 'got away' with not paying SSP many years and I will be sharing the info you have both provided for my colleague(s)
Since I started working there SSP has been paid - even if it is wring lol, but small steps and all that .....

[ojread2]

Buildersmate, you are quite correct - that is also my opinion.
It is a small pre-school I work in with only 9 employees all of whom are worried about causing a stir; well only 8 of them are lol, I am not
They have been fobbed of with the excuse that they 'don't pay enough NI' but that's fiddle sticks and I know it, thankfully. We all earn the lower limit for being entitled to SSP and now my employers know I know we will all get SSP once we reach the qualifying day