Question:

Contractors sick pay?

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A friend of mine has been temping through an agency (on a fixed long-term contract) for about 10 weeks and has been struck off work for the next 3 weeks through injury.

Are they entitled to Sick Pay from the Agency? They earn more than the lower threshold, but I heard somewhere that they have to be in a place of work for a minimum of 3 months continuously before being entitled to SSP.

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  1. both the other answers are correct. to get SSP you must be an employee. whether she is an employee of the agency will be stipulated in her contract with them, but it seems unlikely. most agencies introduce people to employers and then charge the employer a finders fee, they do not in themselves employ the person and hire them out.

    Your friend should claim incapacity Benefit instead. Incapacity benefit is basically the same as SSP, but is paid where the person has no entitlement to SSP, has no employer and has contributed enough National Insurance contributions. If she is single, or if her partner doesn't work more than 24 hours, she should also put in a claim for income support - that way if she has not paid enough National insurance, income Support will pay her instead.


  2. If she is employed by the agency, then she is entitled to SSP.  Is the agency merely introduces her to clients, she won't be entitled to anything...

  3. It is quite a tricky one as it depends on the contracts they have for the different assingments. The differenct companies you work for will have different benefits or packages as such as to how they treat their contractors.

    Your friend might have to have a good read through the contract she has with the agency and the company she was working for.
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