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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47354
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If an employee of a registered charity (in this case a priest)

Customer Question

If an employee of a registered charity (in this case a priest) who should work 4 sundays in a month, starts working without signing a contract, at what point is he entitled to paid sick pay? After less than 3 months he decides to go on sick leave he is expecting sick pay but he has effectively only worked a handful of days and no contract?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What have his average earnings been since he started?

Customer :

nov - 625 for half a month

Customer :

1100 dec

Customer :

same for jan

Customer :

can he even claim anything?

Ben Jones :

He probably can, a person's eligibility to SSP does not depend on how long they have worked somewhere or if they have a contract. You can see the criteria here:

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

So as long as he satisfies these conditions then he will be eligible for SSP, which is paid at £87.55 a week

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer :

so who pays the ssp at 87.55? does he claim that from dwp because we have no money as a parish f he holds no services and donations don't come in to pay him?

Ben Jones :

you as the employer are responsible for paying SSP.

Ben Jones :

you used to be able to claim some of that back from the HMRC but that was withdrawn a year ago

Customer :

so its best we determine if he is even entitled to any at all in the first place with no contract as he refused to sign it!

Customer :

thanks

Ben Jones :

it does not matter that he has not signed the contract, that will not make him ineligible

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

he insisted that he was self-employed when we wanted to discuss the contract after he worked a handful of days...

Expert:  Ben Jones replied 2 years ago.
whether he is an employee or self employed depends on the overall employment relationship, not on what either he or you refer to him as. This will explain further:
http://www.hmrc.gov.uk/calcs/esi.htm
Customer: replied 2 years ago.

Hi Ben, can you help please. If i need to post the question again, let me know. If an employee gets a GP sick note 2 weeks and within those 2 weeks he goes to perform duties as normal in public with witnesses present, what options do we have to refuse his sick pay and potentially end his employment regardless if he has signed a contract or not?

Expert:  Ben Jones replied 2 years ago.
Hi, would gladly help but as this is new query can you please post it as a separate question for y attention, so just start a new query on our site and mark it at the beginning as 'for Ben Jones'. Many thanks
Customer: replied 2 years ago.

No problem. Doing it now.

Expert:  Ben Jones replied 2 years ago.
thanks

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