April 2009

Changes to SSP for Agency Workers

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