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Post Info TOPIC: Eligible for sick pay?


Master Book-keeper

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Eligible for sick pay?


Chaps first pay date was Sept 19 but I was led to believe this covered more than one period.  I asked client for monthly breakdown but was told to stick it all in September. (no tax but NI was applied)  We're talking roughly £1200.  Following month chap received just short of £500.  Client came to me in Sept and had previously filed nil returns.

Chap then went on sick and I received a sick note from client on 17th December, to cover up to 20th November.  Was informed no further sick notes had been given and I again asked for clarification on what the first months period covered. Received sick note today for 3 months and client has asked for advice on the procedure now.  I'm about to ask for clarification on first month pay again but I'm thinking, is sick pay due disregardless, due to lumping more than one pay period in that first month?

Thoughts please.



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John 

 

 

 Any advice given is for general guidance and professional advice should be sought applicable to your circumstances.



Master Book-keeper

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Hi John
I cant see how he wouldnt be eligible.

Criteria, from https://www.gov.uk/statutory-sick-pay/eligibility

to be eligible

  • be classed as an employee and have done some work for your employer
  • have been ill for at least 4 days in a row (including non-working days)
  • earn an average of at least £118 per week
  • tell your employer youre sick before their deadline - or within 7 days if they do not have one

Agency workers are entitled to Statutory Sick Pay.

Exceptions
You will not qualify if you:

  • have received the maximum amount of SSP (28 weeks)
  • are getting Statutory Maternity Pay

You can still qualify if you started your job recently and you have not received 8 weeks pay yet. Ask your employer to find out more.

Only issue  - 
Linked periods of sickness
If you have regular periods of sickness, they may count as linked. To be linked, the periods must:

last 4 or more days each
be 8 weeks or less apart
Youre no longer eligible for SSP if you have a continuous series of linked periods that lasts more than 3 years

 

Is this what you were concerned about? Or something else?

 

To be honest, this client sounds like a PITA one, or bordering on it.  Why did she not respond about the start date/properly spreading his wages earlier?   Is she now prepared to sort out this payroll properly, including re-submissions?  Sounds like one to dump?



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 Joanne  

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position (and my that I dont mean with HMRC)



Master Book-keeper

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Posts: 3272
Date:

Cheshire wrote:

Hi John
I cant see how he wouldnt be eligible.

Criteria, from https://www.gov.uk/statutory-sick-pay/eligibility

to be eligible

  • be classed as an employee and have done some work for your employer
  • have been ill for at least 4 days in a row (including non-working days)
  • earn an average of at least £118 per week
  • tell your employer youre sick before their deadline - or within 7 days if they do not have one

 

last 4 or more days each
be 8 weeks or less apart
Youre no longer eligible for SSP if you have a continuous series of linked periods that lasts more than 3 years

 

Is this what you were concerned about? Or something else?  


 Hi Joanne.  The concern is that the first months pay covered more than one month, which would take it below £118 a week but the employer couldn't be bothered giving a breakdown, and only gave a single figure.  I think the employee has enough grounds to expect sickness pay but they have shown no urgency in asking for it. It is the employer who has asked what they need to do next.  It is me that is asking the question because I know of the lumping together.  It is one period of illness by the way, just that the sick notes were late.

 



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John 

 

 

 Any advice given is for general guidance and professional advice should be sought applicable to your circumstances.



Master Book-keeper

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Date:

Oh buggar, sorry John had that in my head when I started typing, fell by the wayside when I got half way through. Early onset whatsit!

Ah, now if you dont get the info and you assume he started in September, then he got £1200 for Sep, £500 for Oct, then his average wage is above. Presumably she didnt get a P46 equivalent, she hasnt given him a contract and he has proof that he earned £1200 all in one month!


The problem you have is her being dilatory.

I would insist on getting the answers to the above and your already outstanding question, suggest that you will put the payroll right (re-doing all the incorrect ones) and suggests she urgently gets some legal advice on the payslip issue - this could easily come back to bite her on the derriere! (If he has a payslip!)

I dont think you should give advice on eligibility save it coming back to bite you, but document it all.

__________________

 Joanne  

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position (and my that I dont mean with HMRC)



Master Book-keeper

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Posts: 3272
Date:

Thanks Joanne, very helpful.  



__________________

John 

 

 

 Any advice given is for general guidance and professional advice should be sought applicable to your circumstances.



Master Book-keeper

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Date:

Firstly I'm a total idiot, as I was looking at the wrong employee.

Employee affected was payrolled £3500 in September to cover previous 6 months pay so is above LEL.  A small amount of pay was given in October. 

I've put the employee on sick from his first sick day in September to end of December but Payroll Manager is saying he's not eligible for sick pay as below the LEL. I can't work out why that should be.



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John 

 

 

 Any advice given is for general guidance and professional advice should be sought applicable to your circumstances.



Master Book-keeper

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Date:

Haha.

Not an idiot at all John!!

I did wonder if the 6 months was counting as 26 weeks but that still puts his average at £134, also the software wouldnt have known it was for 6mths anyway!

What was the small amount in October? Wondering if that affects the averaging issue for the dates of the sickness, plus wouldnt you need a break in the sickness.

Ah sorry thinking out loud as I type - his 1st date of sickness is prior to the September payroll - so I think its counting zero? Try allocating out the payroll over 6 months in MS and see what happens then?

Sorry, not much use!!!!

__________________

 Joanne  

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position (and my that I dont mean with HMRC)



Master Book-keeper

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Posts: 3272
Date:

Cheshire wrote:

Haha.

Not an idiot at all John!!

I did wonder if the 6 months was counting as 26 weeks but that still puts his average at £134, also the software wouldnt have known it was for 6mths anyway!

What was the small amount in October? Wondering if that affects the averaging issue for the dates of the sickness, plus wouldnt you need a break in the sickness.

Ah sorry thinking out loud as I type - his 1st date of sickness is prior to the September payroll - so I think its counting zero? Try allocating out the payroll over 6 months in MS and see what happens then?

Sorry, not much use!!!!


Thanks Joanne

October pay was just short of £180 but as you say that shouldn't have affected owt.  I've deleted it temporarily to see what would happen but it hasn't made any difference.

I'll contact Moneysoft and see what they say

 



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John 

 

 

 Any advice given is for general guidance and professional advice should be sought applicable to your circumstances.



Master Book-keeper

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Posts: 8295
Date:

How did you get on with this one John?



__________________

 Joanne  

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position (and my that I dont mean with HMRC)



Master Book-keeper

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Posts: 3272
Date:

Cheshire wrote:

How did you get on with this one John?


 Sorry, I meant to update you.  Because sick pay started 21st Sept, it only takes the the previous pay into consideration.  As there was no pay in Aug or earlier it counted it as below LEL.  I was able to over-ride it be using average earnings box and sticking in an amount above LEL.

Had it been weekly pay it would have taken the previous pay in Sept, but not on monthly, which I can understand once I realised.  



__________________

John 

 

 

 Any advice given is for general guidance and professional advice should be sought applicable to your circumstances.

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