SPM10235 – Statutory Sick Pay (SSP) - Who is covered by the SSP Scheme

Agency worker between placements on first day of sickness

There can be a deemed contract of service only if there is a contractual link between the agency, the worker and the client. This deemed contract starts when the worker agrees an assignment with the agency see SPM10220.

This means that an agency can only be liable to pay SSP to a worker whom, on the first day of a PIW:

• is working on a current placement, or
• has already been placed by that agency to start work on a future date.

For example:

A worker is engaged regularly by the same agency. Their current 16 - week assignment ends on a Friday. The agency has not been able to offer the worker an assignment for the following week. The worker goes sick on the Monday, before the agency can contact them with work. Although they have worked for the agency every week for several months, their contract of employment has been broken.

Without a deemed contract of employment SSP entitlement cannot exist and no SSP is payable.

For example:

A bank nurse engaged through an agency on a daily or shift by shift assignment may not be able to form a PIW.