Agency Workers and Statutory Sick Pay - Government intends to provide entitlement to SSP

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25 October 2007

In June 2007, the Court of Appeal agreed with the interpretation of the General Commissioners and the High Court that the statutory sick pay (SSP) legislation excludes agency workers from entitlement to SSP if they have less than three months' continuous employment.

HMRC has announced that, when the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 were made for the purpose of giving fixed term employees equal employment rights with permanent employees, it had not been the policy intention to deprive short-term employees of the right to statutory sick pay. Accordingly, the Department for Work and Pensions is preparing Regulations to correct the situation in the coming months.

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Sources:
Entitlement to Statutory Sick Pay

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