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Is this even legal? SSP and contract t and c's, help!!

(8 Posts)
InTheKitchenAtParties Sun 08-Jan-17 23:43:37

I'll try to keep this as brief as possible.... DP needs to have heart surgery within the next few weeks, so will obviously be too ill work for at least 12 weeks.
He works as a live in care assistant for an agency. Basically he works on a casual basis (zero hours), but has worked consistently for the past 2 years. He books assignments in advance and completes a 14-20 day assignment every month.
I have looked at his contract and I'm fairly sure the terms re. SSP are not legal. Can anyone have a look and tell me what they know?

'Agency Workers who pay Class 1 National Insurance contributions are entitled to SSP and this entitlement will depend on whether or not you are working on an assignment at the time of your sickness or injury. If you are, you may be entitled to SSP to the end of the current assignment only.'

angry We can't afford for him not be paid a penny for the time he is recovering from heart surgery ffs!

OutToGetYou Sun 08-Jan-17 23:51:48

The contract can't overide his entitlement to something statutory, that's what statutory means (set in law, the employer can't change the law).

So he's either entitled to it or he's not, depending on his historical income.

Speak to CAB, take his payslips etc, they will be able to help.

But if no ssp he'd possibly get esa anyway.

www.gov.uk/statutory-sick-pay/overview

Testificateman Sun 08-Jan-17 23:58:14

Outtogetyou is spot on. Couldn't have said it better myself.
Good luck and hope your DP gets well soon.

prh47bridge Mon 09-Jan-17 01:22:25

I'm afraid the previous answers are wrong.

The critical point is that your husband is a casual worker. I suspect that his employer ensures that he has a break of at least one full week every 12 weeks. If so, that means he does not have 3 months continuous employment, in which case the agency is right that his entitlement to SSP ends at the end of any assignment on which he is working at the time of his sickness. For more information see www.gov.uk/guidance/statutory-sick-pay-how-different-employment-types-affect-what-you-pay and read the section on casual employees and agency workers.

OutToGetYou Mon 09-Jan-17 14:21:54

How can my answer be "wrong"? Rude.

prh47bridge Mon 09-Jan-17 15:04:56

I read your response as meaning the OP's husband is entitled to SSP regardless of his contract whereas the clause in his contract actually sets out the correct legal position. If that is not what you meant my apologies.

InTheKitchenAtParties Mon 09-Jan-17 18:16:35

Thanks for taking the time to reply.

prh47 I'm confused about the rule regarding '3 months continuous employment'. What actually constitutes a break in employment, by law?
Do you believe DP would not be entitled to SSP, end of? Or is it worth getting further legal advice? What's your opinion?

OutToGetYou Mon 09-Jan-17 21:29:00

I didn't say that, did I? How can I know whether he's entitled from the info given? You can't either.

What I said was the contract cannot change the law, which it can't and doesn't. And I suggested the OP go to CAB with payslips, when they see all the info, they can advise.

And I have a link to the govt website, as did you.

My answer was factually correct.

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