3 waiting days

rickyroma

My partner has been sent a contract for a new job. It mentions the 3 day waiting period for statutory sick pay. This period was scrapped last month and SSP is now from day 1. Does it matter that the wording is out of date on the contract?

Is it worth getting the contract amended or are the employers legally bound to pay ssp from day 1 regardless of the contract? Logically, there will be millions of contracts out there mentioning 3 waiting days and they all won't be amended will they?

We are just hoping the wording doesn't matter and we don't have to go through the hassle and delay of waiting for a new contract

marcia_

https://forums.moneysavingexpert.com/discussion/6667348/3-waiting-days

I would email and point out they are using an out of date template and remind them of the new Law. Probably just an oversight on their part. But I don't think it's a reason to delay starting the job because the Law is the Law.

MyRealNameToo

SSP is statutory and you can't waive your rights to it so broadly what the contract says is irrelevant but it would still be best practice for the contract template to be updated

TELLIT01

The only potential problem with informing an employer is that it might start alarm bells ringing if that's the first thing a new employee notices.

Grumpy_chap

I agree with @TELLIT01

The contract of employment / employee handbook or whatever cannot trump the law. The discrepancy is obviously simply that the latest standard document the employer uses has not been updated to reflect the very recent change in obligations.

Contacting the employer about lead-in time for sickness absence before even accepting / starting in the job might raise such a massive red flag that the offer gets withdrawn.

Do nothing, start the job and excel in the role. Worry about the sick pay lead in time if the matter ever arises (and the employer is not complying with the latest rules) rather than flagging in advance. Far better to keep your nose clean and let someone else have this fight if, indeed, there is even a fight to be had.

Is the OP expecting to be off sick regularly?

rickyroma

https://forums.moneysavingexpert.com/discussion/comment/81991651#Comment_81991651

https://forums.moneysavingexpert.com/discussion/comment/81991812#Comment_81991812

Thanks for the comments. That's a good point about not mentioning it beforehand in case it sets the employer wondering, so we will not say anything.

No, she doesn't have much time on sick but she is going from a job with company sick pay to one without. Not ideal but the other positive points about the new job far outweighs any negatives such a SSP

Undervalued

I certainly agree with the last two posters who have cautioned against bringing this up now.

No contract term can cancel your statutory rights, so you have this to fall back on.

Regarding no company sick pay (only SSP). It is possible to take out insurance against long term sickness. Many prudent self employed people do but it is also available to employees. A long deferment period reduces the costs but it does provide a safety net. Maybe worth considering?