sickness

ecsb

Hi, I have been working as a nanny 2 days a week since may last year. I do not earn enough to pay tax and NI.
I have been told i need to take 6 weeks off from work to recover from an operation. My employer has told me they will not be paying me any sick pay and i should claim it!!!?????
From whom do i claim it, can i claim sick pay.
When i am well i will be demanding a contract which states sick, holiday entitlement etc, whilst looking for new employment.................that's another issue!
Please advise me

SarEl

Demand anything and all you will get is a P45. You don't have a years employment and can easily be sacked. Including for the six weeks sick leave. I doubt you earn enough for SSP although others here will know the threshold better than I do. But as a two day a week nanny it isn't likely that your employer is registered to process SSP, so they are probably correct.

LadyMissA

SSP is £81.60 if you earn £102 per week or more

paddedjohn

As stated above, unless you earn an average of £102 per week you are not entitled to ssp.

tizerbelle

Have you checked this page out
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_10018786
your employer needs to fill out form ssp1 so you can claim ESA

Nicki

SarEl wrote: »

Demand anything and all you will get is a P45. You don't have a years employment and can easily be sacked. Including for the six weeks sick leave. I doubt you earn enough for SSP although others here will know the threshold better than I do. But as a two day a week nanny it isn't likely that your employer is registered to process SSP, so they are probably correct.

????

I'm confused by the bit about the employer needing to be registered to process statutory sick pay? I have a part time nanny, who does earn more than £102 a week and has just had 3 weeks off sick. I had no choice but to pay her SSP - it is as I understand it my legal obligation to do so. I also pay her tax and national insurance however. Do you really not earn enough for the employer to have to pay tax and national insurance for you? I believe the threshold is £136 per week, so if you do 2 full days per week and earn a standard hourly rate for a nanny, you should be hitting that easily. Or are they pulling a fast one and paying you cash in hand under th table to save themselves some money, which is illegal and leaves you exposed in the future if you need to claim benefits such as maternity allowance or unemployment benefits, as well as SSP of course.

Uncertain

A very small employer will ultimately get the SSP back from the government (in a round about way) in any case.

It does seem that a cash under the counter or pseudo self employment situation exists here - probably illegally!

Acc72

ecsb wrote: »

When i am well i will be demanding a contract which states sick, holiday entitlement etc, whilst looking for new employment.................that's another issue!
Please advise me

Are you an actual "employee" or are you self employed ?

It sounds as though you think that you are an employee, and that your "employer" thinks that you are self employed.

Prior to this job (May last year), did you have a regular job - where you received a payslip etc. ?

You need to get all of your information together (i.e. your P60/P45 from your last job plus any paperwork from the current job) and take advice as it sounds as though you may have not made any national insurance contributions since last May.

You need to act as this will affect your ability to claim benefits in the future.

soolin

I am concerned that you earn so little that you don't pay any tax or NI. As above, does 'employer' maybe think you are self employed or does she believe you are doing this illegally 'cash in hand?

Have you worked out what you get an hour?

If you are self employed then you would not be entitled to any sick pay, like me you get money when you work but nothing when you don't. So, do you get any payslips or do you submit Any form of invoice to get payment, or do you just get cash every week?

I don't like to think of anyone being disadvantaged by dodgy employment and you really need to get out any paperwork you have and get advice.

LadyMissA

soolin wrote: »

I am concerned that you earn so little that you don't pay any tax or NI. As above, does 'employer' maybe think you are self employed or does she believe you are doing this illegally 'cash in hand?

Have you worked out what you get an hour?

If you are self employed then you would not be entitled to any sick pay, like me you get money when you work but nothing when you don't. So, do you get any payslips or do you submit Any form of invoice to get payment, or do you just get cash every week?

I don't like to think of anyone being disadvantaged by dodgy employment and you really need to get out any paperwork you have and get advice.

Say the OP does 7 hrs a day for 2 days at NMW thats only £85.12 a week so no they wouldn't earn enough to get SSP or to pay TAX and NI but since they have no posted again we can only guess

you have to earn £102 or more to pay NI and £144 before tax is taken

Judith_W

OP go to nannytax.co.uk for more information about whether you are employed and standard rates for nannies etc. I don't know much but surely even if you are not earning enough, your employer should be declaring you and paying employer NI if applicable?