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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50160
Experience:  Qualified Employment Solicitor
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We have a lady who works on a zero hours worker basis

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We have a lady who works for us on a zero hours worker basis with no official contract and no guarantee on hours. She had been offered hours up to and including 29th Apr. She was informed on 28th Apr that there would be no hours available from w/c 2nd May due to changes in the business. On the evening of 28th May, we received and email advising that she would not be attending work on 29th May due to sickness. It was reiterated that there would be no hours available from w/c 2nd May. We have received an email today advising that she wants to claim SSP, however we do not believe she is entitled as she was not scheduled to work. She has been advised that she would be contacted if and when hours become available. We believe that she is not entitled to SSP for 29th Apr as this was a waiting day. We do not believe that she is entitled this week as she was not scheduled to workPlease could you confirmShe has now requested form SSP1 - do we need to provide this
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long has she worked there for?
Customer: replied 1 year ago.
Since November 2014
Thank you. SSP is only payable for qualifying days, which are usually the days of the week on which an employee normally works. Sometimes the contract may specify which days are treated as qualifying days, although this is more common for employees with a fixed working pattern. Where there is no agreement as to which days are qualifying days in a particular week, the qualifying days are deemed to be the agreed working days for that week. Whilst there may be a case where there are no agreed days in a particular week, by law there must be at least one qualifying day in each week. So if the employer and employee have agreed that there are no working days in any week, the Wednesday of that week is deemed to be a qualifying day Therefore, even if no work would have been agreed for a particular week, the employee is entitled to receive SSP for at least one day of every week, that being the Wednesday of each week. However, as SSP is only payable from the 4th qualifying day onwards, if they have only one qualifying day a week, being the said Wednesday, then SSP does not become payable until the 4th week of absence. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Is this still the case if it was made clear to her on the Thursday before she went sick that there were no hours available for her going forward so effectively ending her zero hours contract ... She has requested an ssp1 form now, can I fill this in stating the reason ssp is not due is option C-your contract on employment has been brought to an end ... She did not declare sickness until after she was informed no hours would be available from the first week
saying there is no work available does not mean the contract was terminated. It means that no work was being offered to her, which is common in zero hours contracts, but that is different to actually terminating her contract - you need to have been specific that her employment was being terminated. What you could do is issue her with notice of termination now - assuming she only has one qualifying day a week and SSP is not payable until the 4th qualifying day, she has some 4 weeks before she is entitled to SSP and in the meantime you can terminate her employment by giving her the required notice period
Customer: replied 1 year ago.
If we terminated the contract now would it not look like it's only being done to avoid paying ssp? It states on the ssp1 notes that your employer will have to pay ssp if they ended your contract of employment solely or mainly to avoid paying ssp which is not the case ... How much notice would we be expected to give based on the fact that she doesn't have a contract
If challenged you can argue that her contract was going to terminate anyway and this was evidenced by there being no more work for her. You need to give her a week's notice
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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