sick pay who pays

[jose]

Just wanted to ask as i dont know the answer

 

I employ a guy 5 days a week ( full time).

 

He Also works 1 day to 2 days a week at weekends at a different job, not arb related in any way.

He goes and messes himself up ( broken bones) at the weekend job.

Who has to pay him sick pay? full time employer or the company where he was working when he had the accident.

 

He will be off for at least 8 weeks possible up to 12 and then also recovery time ( another 8-12 to regain strength).

 

Cheers Guys and gals

[richy_B]

What had you put in his employment contract?

 

He'll almost definitely be entitled to statutory sick pay, which you have to pay as his main employer. Contractual sick pay will be whatever you agreed.

Edited June 1, 2016 by richy_B

[hamdogg]

Surely if it's work related and somewhere else, not you!? I may be wrong

[jose]

Thats what i think but im getting told i have to pay by the accountant.

Just doesnt seem right.

 

Tbh i am new to contracts and this hadnt even crossed my mind to cover it. this weekend job is a very new thing for him. had only been doing it a month or so.

[eggsarascal]

I don't think There is any legal responsibility to pay sick pay. SSP can be claimd back, I believe.

[richy_B]

This will be an expensive lessons in contracts unfortunately. If you are his employer you will need to pay him SSP from the 4th continuous day of his illness. You cannot reclaim SSP. How long has he work with you?

[jose]

been employed just over a year now.

i wondered because hes an employee at the other company ( albeit for only 1 day a week).

[eggsarascal]

This will be an expensive lessons in contracts unfortunately. If you are his employer you will need to pay him SSP from the 4th continuous day of his illness. You cannot reclaim SSP. How long has he work with you?

 

Didn't know that.

 

Seems SSP stopped getting paid back a couple of years ago.

[kernowstu]

http://www.gov.uk/employers-sick-pay/overview

[richy_B]

Didn't know that.

 

Seems SSP stopped getting paid back a couple of years ago.

 

I think employment rights are generally a good thing but this situation can be seriously damaging to a small business. £88.45 for upto 28 weeks is nearly £2.5k plus the cost of a replacement worker. It should be reclaimable.

 

I feel the risk of this potential long term cost will just push employers to terminate employment as soon as someone gets sick.

Edited June 1, 2016 by richy_B