Hi guys jsut tried ACAS but there shut and know someone always comes to the rescue lol

I have an employee on a modern apprenticship (£80 a week)

She went sick on a saturday. Her normal day off is a monday. And then she was off the tuesday, wednesday, thursday, friday, saturday.

She came in with a sick note to cover the whole time she was off and said she expected to be paid for the full 6 days.

I told ehr she wouldnt get paid for the three days and therfore would only get 3 days.

I just checked a website and it says because she doesnt pay NI or PAYE then she wouldnt be entiltled to Statutory sick pay at all?

Can anyone confirm what is right im confused lol. 

What does their contract say?

just says they dont get sick pay from employer but they would get Stautory sick pay (but doesnt make a reference to the direct gov website were it states if they dont pay NI or PAYE and earn less than £90 a week they get nothing)  Its just a standard contarace for all employees

I work fr the local council and their T&C means that if you have been there less than 6 months you don't get any pay if you are off sick, it is only once you have been there 6 months that you get sick pay.  how long has the person been in post?

I'd be inclined to say that if their contract says they get SSP then that's what they should get - the employee has signed the contract based on that fact and they can't be expected to know the extra info that's on the direct.gov website.  If you wanted to withold SSP to those on an apprenticeship (or earning less than £90pw and not paying NI or PAYE) then their contract should state that.

Edited for dodgy spelling.

think this link might help  - I think she might need to earn £90 per week before tax & ni to qualify for sick pay.
http://www.dwp.gov.uk/lifeevent/benefits/statutory_sick_pay.asp#caniget

IF she is entitled to SSP i would hope that she would receive it for each working day missed through sickness. so if she normally doesnt work sundays and mondays, she woudl be entitled to ssp on the saturday, tuesday, wednesday, thursday, friday, saturday,,,which i make as 6 days. i am maybe being a bit dopey here, but how do you  come up with THREE days?
I must admit, that as her employer, you should already be aware of the sickness procedures and payments, and should not be having to try and ring ACAS out of hours! What have you put in her contract?  What do you normally do for sickness?

SSP isn't payable for the first 3 days of sickness & this includes the weekend & if they are not earning above the lower earning limit SSP isn't payable & they have to make a claim to Incapacity Benefit & Income support(both from the 1st date of sickness)they won't get Incapacity benefit but will need to claim it to get their Income Support