Will my OH's employer be able to avoid paying him sick pay?

[tigwig]

As I have mentioned before my OH's boss is a total prat. He will not want to pay him while he has not been working so I need to know the legal rights in this situation. OH has been employed for around 2 years now but has never had a contract. He also doesnt have guaranteed work, it is work as and when needed but this has been more or less full time. On Mon of this week he had to come home as he was in so much pain and couldnt physically do his job. The GP gave him antibiotics last week for a chest infection and he has to go for an xray today to find out what the pain is. By tomorrow he will have been sick for 4 days which technically should mean he can begin claiming. But as he has no contract will he be eligible?

[juliefer]

Not having a written contract should not prevent him from getting Staturory Sick Pay, although his boss should have given him one.

If he meets the qualifications (eg average gross earnings of £102.00 per week or more), he should get Statutory Sick Pay:

http://www.businessli...411377&type=RESOURCES
http://www.hmrc.gov.uk/helpsheets/e14.pdf

[tigwig]

Thanks, I thought as much but am pretty sure his boss will come up with some reason why he doesnt have to pay it.

[WELSHYORKIE]

Tigs - is he classed by this prat as self employed? If so that will be his get out clause

[mccfluff]

on his payslips assuming he gets them is he paying tax and NI? the employer should be paying the emplyer part of the NI - no excuses

[tigwig]

No he is employed and his employer deducts tax and NI. Its just the part that he has no contract and no fixed work that concerns me. I think he will just say there's no work anyway even if there is. We will see! He is on holiday at moment, back at weekend so doesnt know he's been off yet. Thats another marvellous thing he does too, goes away and doesnt bother sorting out wages so we havent even had a wage this week.

[R1Geezer]

He can claim sick pay off the benefit authorities but it isn't much. There is nothing compelling an employer to pay sick pay. Many do but they don't have to.

[R1Geezer]

if this guy is such an idiot then why work for him at all, sounds like an odd situation to me.

[tigwig]

Well if only there was a choice in the matter. He has obviously been looking for another job for ages but given the fact that this one provides transport as I really need the car for childminding its hard to get something else that wouldnt make us a lot worse off financially.

[mccfluff]

if he is paying NI and the employer is paying their NI contribution then he pays him SSP.

[mccfluff]

http://www.hmrc.gov.u...ay/ssp-overview.htm#2

[R1Geezer]

yes McFluff and recovers it from the governmenet, he does have to pay owt himself

[tigwig]

I have throughly read those links now and phoned HMRC myself. He will have to pay it as its based on the last 8 weeks he worked so he cant pretend there is no work. Also it is irrelevant that he has no contract so cant wait to tell him ha ha!

[daffy654]

Mujameem = troll

[tigwig]

Yes it is fair and the law.