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Does anyone know how statutory sick pay is calculated for part time workers?

4 replies

BigBoysDontCry · 08/01/2024 23:37

This is for DS. He works part time, two 8 hour night shifts. Earns over the minimum on the ssp policy.

He was injured at work overnight on 12th December, about 3am so came home halfway through his 2nd shift of the week. Broken bone so was retrospectively signed off (after attending the fracture clinic) between 12th Dec and 10th January. He is going to attempt to go back on Sunday night.

I think I understand that the weekly rate is paid for each week he is off after the first 3 days regardless of the fact he only works 2 days, but are those days only calculated on days he'd actually normally work? So does he get sick pay from 15th December or does it start from 24th or 25th December (depending on whether day 1 is the 12th of December)? Plus there was Christmas and New year which fell on his normal shifts so he would have been working different shifts if he hadn't booked annual leave... I know that his annual leave doesn't apply any more though. 😕

It's very confusing and to add to the mix, DS is autistic and struggles with communicating so I end up being an intermediary. I've never dealt with this before as I've been lucky to work somewhere where I get paid when I'm off sick plus have rarely been off sick.

It's not urgent and I'm heading to bed now but if anyone has any insight I'd really appreciate it. I don't think anyone would deliberately try to take advantage of him but I know how easy it is for these things to be incorrect.

OP posts:
ICouldEat · 09/01/2024 06:17

There’s some info here.
I’m not usually a ‘put a claim in’ person but, as he was injured at work, he could claim for loss of earnings and injury. If he’s in a union they may cover the cost of solicitors fees for a claim (I think USDAW used to at least). He shouldn’t be left out of pocket when getting injured at work -unless it’s entirely his fault for ignoring training/safety advice.
Citizens advice Bureau might be able to advise re SSP also, or ACAS.

https://www.gov.uk/guidance/statutory-sick-pay-manually-calculate-your-employees-payments#:~:text=If%20an%20employee%20received%202,earn%20enough%20to%20get%20SSP%20.

Work out your employee's Statutory Sick Pay manually

How to calculate your employee's Statutory Sick Pay if you cannot use the GOV.UK calculator.

https://www.gov.uk/guidance/statutory-sick-pay-manually-calculate-your-employees-payments#:~:text=If%20an%20employee%20received%202,earn%20enough%20to%20get%20SSP%20.

PickledPurplePickle · 09/01/2024 06:20

How did the injury come about? Was it negligence? I would consider looking at claiming from the company as if it was their fault I would expect full pay

Kwasi · 09/01/2024 06:20

@ICouldEat

I was just about to post this link.

BigBoysDontCry · 09/01/2024 08:18

Thanks for the replies. I hadn't thought about that angle. As far as I can see it was a simple accident. He was pulling a cage of goods through a doorway and caught his hand between the cage and door/wall. I don't think they were negligent and I don't think he was careless, I think it was just an accident.

They are generally very good with him and understanding of his condition. He lives at home with me and really doesn't spend any money so hasn't missed it but I just want to try to educate him on how it all works. I think to be honest he's enjoyed being off. He really doesn't enjoy it but I feel it's important for him to work.

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