Chapter SPM190300
Published date | 15 April 2016 |
Record Number | SPM190300 |
Court | HM Revenue & Customs |
Employees of educational establishments such as
- teachers
- classroom assistants
- college and university lecturers
- child nursery workers
- school bus drivers, and
- kitchen staff
may be employed on contracts of multiples of a year with payments of salary spread throughout the year but they may also be employed on:
- yearly contracts but they are not paid during holidays, or
- a series of contracts when they are only paid for the period of each contract.
Entitlement to SSP depends on the type of contract the employer has with their employee.
No contract outside of term-timeWhere a term-time worker becomes sick outside of their contract for example, during school holidays, then there is no entitlement to SSP as they are not an employee during those weeks because their contract has expired.
Contract ends and new contract startsWhere an employee is already entitled to SSP during a contract entitlement to SSP will cease at the end of that contract.
If the first day of the employee’s PIW is when their new contract would have started, there is no entitlement to SSP as they have not done any work for their employer under that contract.
If the first day of the employee’s PIW is between contracts, there is no entitlement to SSP because they have not yet started work for the employer.
If the employee signs a new contract, for example at the start of a new term, they will be entitled to SSP when they have done some work under the new contract.
Contract ongoing between term-timeWhere a contract is ongoing between term-time, entitlement to SSP...
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