Wednesday, July 14, 2010

Dismissal Date - can ssp end date be used instead of date employer lied about?

Hi all, I wonder if anybody knows about SSP and dismissal.





My employer paid me SSP until 30th September but told DWP it was until 28th September. It was paid to me on 18th September. My employer now tells an employment tribunal that he dismissed me by phone on 19th September but did not.





Can the final date of SSP be used as dismissal date?

Dismissal Date - can ssp end date be used instead of date employer lied about?
When you say that your employer tells the tribunal that he dismissed you on 19 September and you say he did not, are you arguing with this date or with the fact that you were dismissed at all?





I would say that the date you were dismissed would be the final date that you received SSP - but I can't tell you whether that is September 28 or 30. But, you should have been given some notice of your dismissal, and this could vary contractually but may only need to have been a week's notice, so he should have dismissed you by phone a week prior to either September 28 or 30.





In short, it's impossible to answer this question without further detail - and I'm talking about seeing payslips and stuff, not just you posting more info here. I assume that if you've got as far as a tribunal then you have sought professional help, so can't that person advise you? If not, I would call ACAS.


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