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Ssp For Zero Hours Contract

author
David Lawrence
• Monday, 26 July, 2021
• 12 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.

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(Source: www.slideserve.com)

Contents

Statutory Sick Pay (SSP) is available to zerohourscontract workers as long as: If a worker relies on multiple jobs to reach this wage, they might not be eligible for SSP.

They've received the maximum amount of SSP (over 28 weeks). It's your responsibility to give zerohourscontract 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. 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/ zerohourscontract), and agency workers are treated as employees for PAY tax and Class 1 National Insurance contributions (Nice). 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.

Calculate the AWE by adding together the monies paid and any other payments of earnings. 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.

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. 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.

Your employment status (whether you're an employee or self-employed) will have an effect on what sick pay you are entitled to, if any at all. You'll need to be classed as an employee and have done some work for your employer, which could mean difficulties for those starting new roles but finding themselves sick.

Self-employed people who are out of work owing to coronavirus will be able to apply for Universal Credit, which can take up to several weeks to come through. Frances O'Grady, general secretary of the Trades Union Congress (TUC) said “it is not good enough to suggest Universal Credit is what low paid workers should seek”.

*New Style Contribution Based Employment & Support Allowance is non-means tested except that most types of occupational pensions of £85 per week gross or more can reduce entitlement. It is a means tested benefit paid to people of working age who are on a low income.

You can claim if you are a single person, part of a couple or to include the needs of children. A claim for Universal Credit will cause an existing claim for Child Tax Credit, Housing Benefit, Income Relate Employment & Support Allowance, Income Based Job seekers Allowance, Income Support and Working Tax Credit to stop, and you could receive fewer monies as a consequence.

You must have paid or be treated as having paid, at least 26 weeks of Class 1 national insurance contributions to earnings at the lower earnings limit in one of the last two complete tax years before the start of the relevant benefit year You must have paid or been credited with Class 1 national insurance contributions to earnings 50 times the lower earnings limit in each of the last two complete tax years before the start of the relevant benefit year. Contact either Boyle Jobs & Benefits Office or Lisnagelvin HBO.

Please seek appropriate advice before switching from the ‘legacy system’ to Universal Credit. · If your income reduces for any reason you should report this immediately to the Office which pays your benefit or through your Universal Credit online account.

If I lose my job, for example made redundant, what impact might this have for Working Tax Credits? · If your employment comes to an end you have a duty to inform HMRC who administer Tax Credits.

A person is entitled to a four-week run on of their Working Tax Credit but thereafter it will stop unless you are part of a couple and can continue to qualify for Working Tax Credit as a direct result of their employment status. It is our understanding that HMRC, who administer Tax Credits, will treat a person as being in remunerative work for at least eight weeks, including eligibility for Childcare Costs.

· If you stop self-employment because you are sick, but the business has not stopped trading, and you make a claim for New Style Contribution Based Employment and Support Allowance, regardless of whether you have entitlement, HMRC will still treat you as being in remunerative work for up to 28 weeks. If an employee or a worker contracts coronavirus COVID-19, this should be treated in the same way as any other sickness absence in terms of payment.

After 7 days, it is up to employer to decide what evidence (if any) they require from the employee or worker. Employers should be flexible on the type of evidence they require given the current extraordinary pressures on the health service.

The government is planning to introduce a temporary alternative to the current fit note, meaning those in self-isolation will be able to obtain notification via NHS 111 as evidence. Combined with an employers’ statutory duty of care for people’s health and safety and to provide a safe place to work, there’s also a strong moral responsibility to ensure that employees feel safe and secure in their employment.

This is an extraordinary situation that requires both employers and employees/workers to exercise caution and to take reasonable steps to prevent the risk and spread of the virus. Nevertheless, an employee or worker operates under a contract of employment which has express and implied terms.

Some may have income protection insurance policies for accident, illness and unemployment which may cover wages lost due to coronavirus infection. It’s usually a short-term situation because your employer’s struggling, but obviously due to coronavirus could be for a more prolonged period.

Your employer can only lay you off or put you on short time working if your contract specifically says they can. If your contract says your employer can lay you off or put you on short time working, then they’re legally allowed to cut your hours and pay.

There’s no limit on how long your employer can lay you off or put you on short time, unless your contract says there is. You might be entitled to some money from your employer or to claim benefits while you’re laid off or on short time working.

If you’re entitled to redundancy pay (for example, you’ve worked there for 2 years), you need to follow special rules to claim it. The process is complicated so contact us on 03003033650 or via email at advice@advicenorthwest.com for help claiming your redundancy pay.

If your contract doesn’t allow lay off or short time working It will be a breach of your contract to place you on short term working or lay off.

If you’ve worked there more than 1 year, you can make a claim for the wages you’re owed, and your notice pay. If you’ve worked there less than 1 year, you can make a claim for the wages you’re owed, and your notice pay.

As a first step you should write to your employer seeking the payments owed and depending on the status of the company you will either need to submit a claim to the Redundancy Payments Service (RPS) or the Office of the Industrial Tribunals and Fair Employment Tribunal. To be eligible for a redundancy payment you will have to have worked for an employer for at least 2 years continuously.

The general rule is that if your employer is legally insolvent you claim the monies owed from Redundancy Payment Service by completing an RP1. Whereas if your employer is not legally insolvent you will need to lodge proceedings with the Industrial Tribunal on an ET1 form.

Where you are unsure of your employer’s trading status you may wish to submit both claim forms. This could protect the redundancy pay element of your claim where your employer is deemed not to be legally insolvent as RPS is not able to make payments in these circumstances.

Please note that there are time limits for making claims to an industrial tribunal and/or the RPS. Some employment contracts contain a right to suspend briefly without pay but this is only in limited circumstances and is highly unlikely to apply to a “suspected illnesses”.

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