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Agency workers and Statutory Sick Pay

From 27 October 2008, all agency workers, regardless of their length of contract, will be entitled to receive Statutory Sick Pay.

The change in the law follows a recent decision of the English Court of Appeal (HM Revenue and Customs –v- Thorn Baker) which ruled that, as the law stood, agency workers on contracts of three months or less are not entitled to receive Statutory Sick Pay. In order to restore the original policy intention of treating all workers the same way in relation to statutory payments regardless of the length of their contract, the legislation requires a minor technical amendment.

As Northern Ireland laws for fixed-term employees are the same as those for GB they also require amendment.

The amending legislation, the Fixed-term Employees (Prevention of Less Favourable Treatment) (Amendment) (No. 2) Regulations (Northern Ireland) 2008, will come into operation on 27 October 2008. new window)