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SSP to ESA and end of employment

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4 years 10 months ago #231554 by jasonh
SSP to ESA and end of employment was created by jasonh
Hi,

Firstly, big thank you to the new moderators joining Gordon! Your advice much appreciated.

I have a client shortly due a SSP1 To be completed to receive ESA. Receives enhanced care PIP Can you advise

1. She has medical letters supporting unlikely to be fit to work again. How does the employee/employer end the contract fairly so no worries of a tribunal for the employer?

2. If she has to wait for ESA assessment what if they find her in WRAG whilst in employment

3. Anything else that she should be aware of that occurs in this scenario

Thank you!

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4 years 10 months ago - 4 years 10 months ago #231556 by Gary
Replied by Gary on topic SSP to ESA and end of employment
Hi Jason

1) ACAS would only get involved if your client believed that they had been dismissed unfairly due to her disabilities and wanted to take her employer to a tribunal.
2) I am not sure what information you are asking for here.
3) I would checkout the 'Members Only Guides' on ESA and UC claims www.benefitsandwork.co.uk/help-for-claimants/esa1#claims

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 10 months ago by Gary.

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4 years 10 months ago #232528 by jasonh
Replied by jasonh on topic SSP to ESA and end of employment
Hi Gary,
Thankyou for the reply. Ive recorded question so clearer.

What is the process a client has to go through when off long term sick and has transferred from SSP to ESA?
When does employed a status end
How and who ends it? ie employer or ESA assessment place in SG?

Thanks

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4 years 10 months ago #232547 by Gordon
Replied by Gordon on topic SSP to ESA and end of employment
Jason

You are assuming that employment ends as a result of the ESA claim this is not the case, ESA has no such requirement and claimants can continue to be employed and receive ESA.

Any Decision to terminate the claimant's employment is between them and their employer.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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