SPM60365 – Disputes, Decisions, Reviews and Appeals - The formal decision

Example of a SSP decision

SSP entitlement - employer does not accept employee’s status

• That Mr A is an employed earner/is treated as employed in employed earners employment* in respect of his engagement with B Ltd.
• That B Ltd is liable to pay statutory sick pay to Mr A of [£ amount] for the period from [start date] to [end date]

NOTE

*use “treated as ……..” if the Categorisation of Earners Regulations are being invoked.

- The decision is in two parts:

Part one – the first sentence sets out the employee’s status for SSP purposes;

Part two – the second sentence sets out the employee’s entitlement and the employer’s liability to pay the SSP.

• Issue the DAA1(A) to the employer and DAA1(B) to the employee
• If the employee’s status is not in dispute part 1 of the decision is not necessary
• Part 2 represents the past period of known liability.
• Cover the question of any continuing liability to pay Statutory Sick Pay in the explanatory letter.