SSP for Different Worker Types: Who Qualifies?

SSP eligibility depends on employment status and earnings, not hours worked. This means many types of workers qualify, but the rules work differently for each group.

The Basic Qualifying Conditions

All workers must meet these to get SSP:

• Employee status (not self-employed)
• Earn at least £123/week on average (Lower Earnings Limit)
• Off sick for 4+ consecutive days
• Proper notification given to employer

Employment status is key. Only employees qualify, not genuinely self-employed workers or contractors.

Part-Time Workers

Eligibility

Part-time employees have exactly the same SSP rights as full-time employees.

Requirements:

• Earn at least £123/week on average
• Are off sick for 4+ consecutive days
• Meet notification requirements

Qualifying Days

SSP is only paid on qualifying days (days they normally work).

Example: Part-time worker employed 3 days/week (Mon, Wed, Fri) is off sick Mon-Fri.

SSP payable: 3 days (only their normal working days count)

Calculating Average Earnings

Use actual earnings over the 8-week period before the qualifying week.

Example: Worker earns £150/week working 2 days:

• Average earnings: £150/week
• Above LEL (£123)
• Qualifies for SSP

Common Issue: Low Hours Don't Mean Low Pay

A worker on 10 hours/week at £15/hour earns £150/week and qualifies for SSP.

Zero-Hours Workers

Eligibility

Zero-hours workers are employees if they have a contract of employment. Many do qualify for SSP.

Key questions:

1. Are they employed (not self-employed)?
2. Do they earn £123+ per week on average?

Calculating Average Earnings

Use the 8 weeks before the qualifying week, even if earnings vary significantly.

Example: Over 8 weeks, a zero-hours worker earned:

• Week 1: £200
• Week 2: £50
• Week 3: £180
• Week 4: £90
• Week 5: £220
• Week 6: £150
• Week 7: £100
• Week 8: £170

Total: £1,160 ÷ 8 = £145/week average

Result: Qualifies for SSP (above £123)

Qualifying Days

This is complex for zero-hours workers because their pattern varies.

General approach: Qualifying days are usually the days they would have worked if not sick.

If no clear pattern: Use the days they were scheduled or expected to work that week.

Practical Challenges

Scenario: Worker usually works 3 random days per week. They're off sick Mon-Fri.

Approach:

• Check if they were scheduled
• If no schedule, estimate based on recent pattern
• Pay SSP for days they would likely have worked

Documentation is key - keep records of schedules and patterns.

Agency Workers

Who Pays SSP?

The agency pays SSP, not the client company where the worker is placed.

The agency is the legal employer in most cases.

Eligibility

Agency workers qualify if:

• Employed by the agency (not self-employed)
• Earn at least £123/week on average
• Off sick for 4+ days
• Notify the agency properly

Notification Rules

The worker must notify the agency, not the client.

Check the agency contract for specific notification requirements.

Qualifying Days

Based on the days they were scheduled to work at the client site.

Assignment Gaps

If an agency worker is between assignments, SSP may still be due if:

• They're still employed by the agency
• Their absence started during an assignment
• The sickness period links across assignments

Fixed-Term Contracts

Eligibility

Fixed-term employees have the same SSP rights as permanent employees.

No difference in entitlement based on contract length.

Contract Ending During Sickness

If the fixed-term contract expires while the employee is off sick:

• SSP stops when the contract ends
• Pay any accrued holiday entitlement
• Issue form SSP1 if they haven't exhausted 28 weeks

Renewal of Contract

If a fixed-term contract is renewed, employment is continuous for SSP purposes if there's no break.

Casual Workers

Employment Status is Key

"Casual worker" is not a legal status. The question is: are they an employee?

Indicators they're an employee:

• Must personally do the work
• Employer has control over how work is done
• Regular pattern of work (even if informal)
• Paid by the hour/day

If They're Employees

Apply normal SSP rules:

• Check average earnings (£123+ per week)
• Establish qualifying days
• Pay SSP if off sick for 4+ days

If They're Self-Employed

No SSP due. They may claim ESA if eligible.

Seasonal Workers

Eligibility

Seasonal workers employed during their working season qualify for SSP if:

• Earn above £123/week
• Meet other conditions

Off-Season Sickness

If they're off sick during the off-season when not employed, no SSP is due (they're not employed at that time).

Returning Workers

If a seasonal worker returns year after year:

• Each season is separate employment unless contracts say otherwise
• SSP entitlement doesn't carry over between seasons unless employment is continuous

Directors

Company Directors as Employees

Directors can be employees of their own company if they have a contract of service.

Most directors are employees for tax and employment law purposes.

Qualifying for SSP

Directors qualify if:

• Employed under contract
• Earn at least £123/week
• Off sick for 4+ days

Common Issue: Low Director Salaries

Many directors pay themselves just below the National Insurance threshold (around £12,500/year = £240/week).

Result: They qualify for SSP.

But: Some pay even less (e.g., £100/week) and fall below the LEL.

Result: No SSP entitlement.

Who Pays?

The company pays SSP to the director and can recover it through PAYE.

Director-Only Companies

In single-director companies, the director decides when to pay themselves SSP, but must follow the rules.

Apprentices

Eligibility

Apprentices are employees. They qualify for SSP if:

• Earn at least £123/week
• Meet other conditions

Low Pay Issue

Some apprentices (especially first-year) earn below £123/week.

If earnings are below LEL: No SSP entitlement. They may claim ESA instead.

Students on Placement

Employment Status

If a placement is part of their course and unpaid (or paid below LEL), they don't qualify for SSP.

If they're employed properly (contract, regular pay above LEL), normal SSP rules apply.

Probationary Periods

No Special Rules

Employees on probation have the same SSP rights as confirmed employees.

Myth: "No SSP during probation" - False

Reality: If they meet the qualifying conditions, SSP is due from day one of employment.

Workers vs Employees

Only Employees Get SSP

"Worker" is a broader category than "employee" for some rights (like holiday pay).

For SSP: Must be an employee.

Determining Status

Courts look at:

• Written contract
• Actual working relationship
• Control over work
• Obligation to provide work / perform it personally

If genuinely self-employed: No SSP. If employed: SSP applies.

Gig Economy Workers

Status is Disputed

Many gig economy workers are classified as self-employed by platforms but may legally be employees.

Recent Case Law

Courts have found some platform workers to be employees or workers (Uber, Deliveroo cases).

If deemed employees: SSP is due.

If self-employed: No SSP.

Practical Position

Currently, most platforms don't pay SSP. Workers would need to challenge their status to claim.

Multiple Jobs

Separate Entitlements

If someone works for two employers, they have separate SSP entitlement with each.

Scenario: Works 2 days/week at Company A (earning £130/week) and 3 days/week at Company B (earning £180/week).

If off sick from both:

• Company A pays SSP for their qualifying days
• Company B pays SSP for their qualifying days

Average Earnings Calculated Separately

Each employer calculates SSP based only on earnings from that job.

Employees Abroad

Working Overseas

If an employee normally works abroad but is employed by a UK company, SSP rules depend on:

• Whether they're paying UK National Insurance
• Whether they're ordinarily resident in the UK

Complex area - seek specialist advice if this applies.

Interns

Paid Interns

If they're employed and earn above £123/week, SSP applies.

Unpaid Interns

No earnings = no SSP entitlement.

Common Mistakes

Mistake 1: Refusing SSP to Part-Time Workers

Issue: Assuming part-time workers don't qualify.

Correction: Part-time employees have full SSP rights if they meet the conditions.

Mistake 2: Assuming Zero-Hours Workers Don't Qualify

Issue: Thinking variable hours mean no SSP.

Correction: Calculate average earnings properly. Many zero-hours workers qualify.

Mistake 3: Confusing Worker Status

Issue: Applying SSP to self-employed contractors.

Correction: Only employees qualify. Check employment status carefully.

Mistake 4: Client Company Paying Agency Worker SSP

Issue: Client tries to pay SSP to an agency worker.

Correction: The agency pays SSP, not the client.

Checking Employment Status

If unsure whether someone is an employee:

HMRC tool: Use the HMRC employment status checker online.

Indicators of employment:

• Contract says "employee"
• PAYE tax
• Can't send a substitute
• Employer controls how work is done
• Integrated into business

Indicators of self-employment:

• Invoices for work
• Multiple clients
• Own equipment and tools
• Financial risk in the work
• Can send a substitute

When in doubt, treat them as an employee to avoid underpayment risk.