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Self employed - entitled to sick pay?
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# 1
Maddie
Old 20-02-2005, 10:25 PM
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Default Self employed - entitled to sick pay?

Hi

My boyfriend has a temping job testing DVDs and is apparently self employed. He has been diagnosed with Bell's Palsy which could last for weeks or months. His left eye is quite painfull so he does not feel he could manage to stare at tv screens all day until he's better.

He has told me that he is not entiltled to any satutory (spelling?) sick pay since he is self employed. Surely he must be entitled to something, as he will have no income for some time?

Thanks for any help and advice
Maddie
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# 2
Becles
Old 21-02-2005, 12:55 AM
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He should be entitled to Statutory Sick Pay which is around 60 a week. You don't get paid for the first 3 days of the sickness and anything over a week needs to be supported with doctors notes. I think you claim it through the Social Security office.

I'm self employed and under the impression I can claim this if sick, but I've never been sick long enough to test it yet!
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Fran
Old 21-02-2005, 1:17 AM
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Maddie,

You say "apparently" self employed. Perhaps the first thing is to clear this up.. Direct.gov Website has some info on this question.

Also Adviceguide - Citizens Advice website - has info on this and benefit entitlement.

How long is his temporary contract due to last?
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Last edited by Fran; 21-02-2005 at 1:20 AM.
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# 4
Maddie
Old 21-02-2005, 1:54 PM
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Thanks for the replies

It sounds as though he is employed, the company take off his tax and National Insurance etc. The temporary contract is not for a set time, he has worked there for a few months now, only thing temporary about it is that they only have to give him 1 weeks notice if they dont want him anymore.

I will look in to it tonight, thanks again
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# 5
Becles
Old 21-02-2005, 3:58 PM
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It does sound like he is employed if the company are paying his tax and NI. They should pay SSP and have a procedure in place for claiming it.
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# 6
Maddie
Old 21-02-2005, 6:59 PM
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Ok, instead of a contract of employment, he has a 'casual work agreement'.

Under the heading sick pay, it says;
Since this agreement is not a contract of employment, you are not classified as an employee and therefore have no entitlement to statutory sick pay or to sick pay under any occupational scheme.

I can understand that he is not classed as employed, since it is the type of work that he could get someone else to do for him. Also the 'agreement' says "There is no obligation on the employer (!) to offer you work, and if offered, there is no obligation on you to accept it."

Thanks again
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# 7
Fran
Old 21-02-2005, 7:12 PM
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This might be useful - dti info

And THIS

CAB Website - Adviceguide has info re sickness benefits.
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Last edited by Fran; 21-02-2005 at 7:22 PM.
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# 8
Plasticman
Old 21-02-2005, 10:02 PM
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Becles - I do not think you can claim Statutory Sick Pay if you are self employed. You may be able to claim Incapacity Benefit if you are unable to work due to illness for an extended period but this depends on your NI contributions. You may want to investigate further just in case you ever need it!
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# 9
Becles
Old 21-02-2005, 10:54 PM
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Thanks - I've just checked and I don't think I can claim SSP. I was told when I started paying Class 2 contributions, that it would cover SSP if I needed it, but the DWP website contradicts the info. I think I could claim incapacity, but the website is confusing.
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