SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992 s.153 and sch 11, paras 1 and 2 and ERA 1996 s.86(4)

BASIC POSITION

CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

Under rules in force until 1st October 2002 an employee whose contract of employment was for less than three months (or shorter specified period) did not have any "period of entitlement" and so was not entitled to statutory sick pay (SSCBA 1992, s.153(1) and Sched. 11, paras 1 and 2(b)). This rule was abolished with effect from 1st October 2002

In respect of an employee who has been continuously employed for three months or more under a contract "for a term certain of one month or less", normal employment law provisions deem his contract to be for "an indefinite period" (ERA 1996 s.86(4)).

See also Fixed term contracts/2002 regulations/notes .


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updated October2008