Statutory sick pay: agency workers oversight to be rectified
The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 are amended to fill a gap in the law that denies statutory sick pay to agency workers on fixed-term contracts of less than three months.
The oversight was revealed in Commissioners for Her Majesty's Revenue and Customs v Thorn Baker Ltd and others. In that case, the Court of Appeal found that the exclusion of the right to statutory sick pay where a contract of service is entered into for a specified period of not more than three months was not repealed by the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
- Entitlement to statutory sick pay
Read about the change on the HM Revenue & Customs website.
Also
Court of Appeal highlights statutory sick pay oversight From XpertHR's employment intelligence blog.
Agencies and agency workers: relevant legislation; recent case law; case study; frequently asked questions Sue Nickson, Partner and International Head of Human Capital at Hammonds, provides a series of articles on employment agencies and agency workers.
