SPM10930 - Statutory Sick Pay - Recovery

Concurrent employments

If an employee has two or more jobs with different employers and the earnings from each are added together, the employers are treated as one for NICs and SSP purposes. This means that:


  • only one payment of NICs is due, and
  • the employee is only entitled to one amount of SSP.

However, for calculating entitlement to recover SSP under PTS, they are treated as individual employers.

The employers can agree between themselves how to split the liability for SSP. If they cannot agree, the liability is split in the same proportion as the earnings paid to the employee.

When these employers are calculating their liability to pay Class 1 NICs to decide if any recovery is due, they must include the pro-rata NICs liability for shared employees. Each employer can only recover the proportion of SSP that they have paid.

Normally the business that pays the wages will calculate and record any recovery due and claim it back in the usual way, for example from their payments to the Accounts Office. At the end of the tax year all amounts paid and recovered should be recorded on their End of Year Returns, P35.


Example

Company A, a large employer and Company B, a small employer with a low monthly NICs charge trade in association with each other. They both employ Mrs Smith and each is responsible for 50% of her earnings but Company A actually pays her and includes all her earnings from both contracts on their return. However, when Mrs Smith is sick, even if Company A cannot recover their share of the SSP under PTS, they can recover any amount Company B is entitled to.