Are employees on zero hours contracts entitled to sick pay?
The test of whether sick pay is payable or not, is not the number of hours work, or the type of contract in place, but what is earned.
The point at which SSP must be paid is when an employee earns £116 or more per week – and this is also the point where they start to pay National Insurance (NI). In order to calculate whether an employee is eligible, you need to look at their average earnings for the 8 weeks prior to the first day of sickness and if this exceeds £116 per week, then they will be eligible for SSP. Another point to note is that employers must designate the employees’ qualifying days in a week – e.g. if they can be called into work over any of the 7 days, then this would be the period designated.
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