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Following the Court decision in the case
of Thorn Baker Limited, the Department for
Work and Pensions (DWP) have amended the
legislation. This was done to restore the
Government’s original policy intention
that agency workers who have contracts of
less than three months should be eligible
for Statutory Sick Pay (SSP) within the
first three months of their contract.
This is designed to ensure that all
employees and agency workers are eligible
for SSP on the same basis, regardless of
the length of their contract.
The change which came into effect on 27
October 2008 has recently been confirmed
in the latest HMRC Employer Bulletin. The
effect of the change is that workers
supplied through an agency are eligible
for SSP from the start of their contract.
This is, of course, subject to all the
other entitlement conditions being met.
Internet link:
HMRC employer bulletin |
