Employer seeking repayment of sick pay due to possible car accident payout

InsideInsurance

The "friend" should/will only have been paid out the difference between what they did receive in pay and what they normally receive. So if they receive 50% salary under their contract of employment then the TP will only have paid the other 50% to make it up to the normal salary.

I have heard of employers trying this thing on but never of them succeeding.

SSP is not ultimate paid by the employer and so is no concern of theirs. If they choose to pay more than SSP as part of staff benefit then they know the risks they are taking when they add this to the contract. If someone in the office goes down with the flu and then 5 other members of staff catch it does the employer then sue for first employee as its their fault the others became sick and they had to pay out sick leave?

chrisbur

InsideInsurance wrote: »

SSP is not ultimate paid by the employer and so is no concern of theirs.

In the majority of cases SSP is paid by the employer, they can only get a refund if the SSP is above a certain level compared to their overall level of NI, and then it may not be all of the SSP paid only some.

Details are in the employers guide
http://www.hmrc.gov.uk/helpsheets/e14.pdf


"Can I recover any of the SSP?
[FONT=HMRCModena,HMRCModena][FONT=HMRCModena,HMRCModena]SSP may be recoverable under the Percentage Threshold Scheme (PTS) which is designed to help employers who have a high proportion of their workforce sick at any one time and is not restricted to small businesses. Unless you qualify under the PTS you are not entitled to recover any of the SSP paid to your employees. For more information see ‘Recovering SSP’ on page 17."
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InsideInsurance

Must admit I didnt know that but then it still falls under part 2, that taking on an employee is a business risk (on many levels) and sick pay is one of those things an employer must factor in.