Ssp For Zero Hour Contracts

Maria Johnson
• Monday, 26 July, 2021
• 8 min read

You might be under the impression that zero hours workers don't have any workplace rights. As workers, they're entitled to annual leave and the National Minimum Wage.

(Source: www.cluerhr.co.uk)


If a worker relies on multiple jobs to reach this wage, they might not be eligible for SSP. It's your responsibility to give zero hours contract workers sick pay, and you shouldn't try to trick them out of their SSP allowance either.

So, even though you might think you're saving money by not paying SSP, you could end up losing thousands... or even your business. When calculating statutory sick pay for zero hours workers, the end date of the Relevant Period must be identified first, as it determines when the Relevant Period begins.

Now that Steve knows the relevant period, he needs to calculate John's average weekly earnings. Steven knows that John was paid £1,050 for hours worked in the relevant period.

The last day of the relevant period is 15 November 2017 (the last payday prior to falling ill) The start of the relevant period is 16 September 2017 (the day after the payday at least 8 weeks prior to the last payday) Therefore, the relevant period is 16 September to 15 November. Now that Matt knows the relevant period, he needs to calculate Karen's average weekly earnings.

From this date Agricultural workers in England who are not covered by the terms and conditions of the Agricultural Wages Board will be eligible for Statutory Payments if they meet the appropriate qualifying conditions. Casual (or short/ zero hours contract), and agency workers are treated as employees for PAY tax and Class 1 National Insurance contributions (Nice).

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The period for which Statutory Sick Pay (SSP) is due is different depending on whether the employee has had 3 months continuous employment with you. Continuous employment is not broken by periods of sickness, annual leave or if you’re unable to offer work.

It’ll only be broken by a trade dispute such as strike action or if the worker has been given written termination of contract. SSP entitlement will continue to the end of any assignment they had agreed to work.

Employees in education including classroom assistants, college lecturers, nursery workers, school bus drivers and kitchen staff may be contracted to work outside term-times. A term-time worker who becomes sick outside their contract, for example during school holidays, is not entitled to SSP, as they’re not an employee during those weeks.

There’s no need for a resolution of the company’s shareholders at its Annual General Meeting (AGM). An ordinary resolution is required to determine director’s remuneration.

The method of calculating director’s remuneration by an annual figure (after an ordinary resolution has been passed by shareholders) will apply to these companies. Any payments made in anticipation of the annual vote cannot be taken into account for calculating AWE.

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Some directors may regularly draw money from the business in anticipation of a formal vote. Do not include this money when working out the director’s AWE, even if Nice were deducted at the time they were paid.

If your employee’s PIN or linked PIN continues but your liability to pay employer’s Class 1 Nice ceases, SSP continues until their entitlement stops for another reason. The topic of sick pay has been discussed at length recently amid the global outbreak of coronavirus.

The number of confirmed cases in the UK has risen to 596 while the death toll currently stands at 10. The rules around SSP have changed amid the coronavirus outbreak, which has now been classed as a pandemic.

Prime Minister Boris Johnson announced SSP will be paid from the first day of illness, or self-isolation, as opposed to the fourth. Normal SSP policy will return when they are no longer required and the coronavirus crisis is under control.

Self-employed people can still claim a form of sick pay under Universal Credit (Image: Getty) Statutory Sick Pay covers you for up to 28 weeks (Image: Getty)Should your employer refuse to grant you the sick pay, Citizens’ Advice suggests asking them for a written explanation of reasons for saying no and contact HMRC if unsatisfied with their response.

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Your employer must provide you with details of your sick pay entitlement in your written statement of employment particulars, which must be given to you within two months of starting work. You will have a right to Statutory Sick Pay (SSP) if you meet the eligibility criteria.

Browse our section on Statutory Sick Pay for more information. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

Agency, casual and zero -hours workers can get SSP if they meet the eligibility conditions. Check your employment contract or workplace's policy to see if they are paid or unpaid.

We have a number of employees who are engaged on ‘ zero hours’ contracts, and thus only work as and when required. To fall within the SSP scheme, the individual must be an employee for the purposes of Class 1 National Insurance Contributions.

Incidentally, it is not permitted to agree that there are no CDs in a week, or that sick days don’t count or any other such devious arrangement. Our team of experts have a wealth of experience and can also provide a written consultancy service at £180 per hour plus VAT.

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You shouldn’t be made to feel bad about asking for sick pay you’re entitled to. If you think you’ve been treated unfairly, disciplined or dismissed because you asked for sick pay, you might be able to take action.

You might get contractual sick pay as well as SSP if your contract allows it. After self-isolating for more than 7 days, your employer might ask for proof you need to stay off work.

Your employer shouldn’t ask to see a note until you’ve been self-isolating for at least 7 days. If someone you live with or someone in your bubble tests positive, you can get SSP for longer than 11 days if they still have symptoms.

How much contractual sick pay you get and how long you get it for will depend on what your contract says. If you haven’t been given a contract, or it’s not in there, ask your employer or check your staff handbook or intranet.

Your entitlement to sick pay will depend on if your illness is related to your pregnancy or not. If you’re entitled to get statutory sick pay you should still get it during any time you have to stay in hospital.

If your illness means you can do 1 of your jobs but not the other, you could get sick pay from 1 while getting your normal wages from the other. If you work and get your state pension, you’re entitled to get statutory sick pay as long as you qualify.

You won't be entitled to statutory sick pay if you're already off work because you're involved in a trade dispute and then your illness starts. If you think you’re entitled to statutory sick pay, but your employer says you're not and refuses to pay it, you should contact HM Revenue and Customs (HMRC) or HMRC's Statutory Payments Disputes Team.

If your employer says you’re not entitled to sick pay, ask them to give you a written explanation of their reasons. They should give you this on a form called Statutory sick pay and an employee's claim for benefit (SSP1).

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