If you’re a contractor working under an umbrella company in the UK, statutory payments will form a huge part of your financial safety net.
Whether it’s sickness, maternity, or paternity leave, statutory payments provide support during key life events. But understanding what statutory payments are and how they work under UK law can be confusing, especially when you’re not a traditional employee.
We’ve broken down the basics of statutory payments and how they apply to contractors operating under an umbrella company.
What are statutory payments?
Statutory payments refer to financial benefits that employees are entitled to by law. They apply in certain circumstances such as sickness, maternity, paternity, and adoption leave. The most common types of statutory payments include:
- Statutory Sick Pay (SSP)
- Statutory Maternity Pay (SMP)
- Statutory Paternity Pay (SPP)
- Statutory Adoption Pay (SAP)
If you’re working under an umbrella company, you’re classed as an employee of the umbrella company. Therefore, you may be entitled to receive statutory payments just like any other employee.
UK law on statutory payments for contractors
UK employment law requires that all employees – including those employed by umbrella companies – have access to certain statutory payments, provided they meet specific eligibility criteria.
Here’s a breakdown of the most common statutory payments and how they work under the law:
- Statutory Sick Pay (SSP):
- SSP is paid to employees who are off work due to illness for more than four consecutive days.
- As of 2024, the SSP rate is £116.75 per week, and it’s paid for up to 28 weeks.
- To qualify, contractors need to earn at least £123 per week (before tax) and have been employed for at least three months with the umbrella company.
- Statutory Maternity Pay (SMP):
- SMP is provided to those who are taking maternity leave and have been continuously employed for at least 26 weeks up to the 15th week before the expected birth.
- Contractors will receive 90% of their average weekly earnings for the first six weeks, followed by £184.03 per week (or 90% of their weekly earnings if this is lower) for up to 33 weeks.
- Statutory Paternity Pay (SPP):
- SPP allows eligible fathers or partners to receive pay when taking time off after the birth or adoption of a child.
- Contractors can take either one or two consecutive weeks of leave and will receive £184.03 per week or 90% of their average weekly earnings, whichever is lower.
- Statutory Adoption Pay (SAP):
- SAP is available for employees who are adopting a child, and the terms are very similar to SMP.
- Contractors who are eligible will receive 90% of their average weekly earnings for the first six weeks, followed by £184.03 or 90% of their average earnings for up to 33 weeks.
How do statutory payments work for contractors under an umbrella company?
As a contractor employed by an umbrella company, you are technically an employee of that company. This means you have similar rights to statutory benefits as permanent employees. The umbrella company handles your payroll, meaning they’re responsible for administering statutory payments as part of your employment package.
Here’s how the process typically works:
- Eligibility assessment:
The umbrella company will assess whether you meet the eligibility criteria for each type of statutory payment based on your length of service, earnings, and reason for taking time off. - Pay calculation:
If you qualify, the umbrella company will calculate the appropriate statutory payment based on the government-set rates and your average earnings. - Payroll deduction:
Statutory payments are deducted from your gross pay, which is then subject to the usual tax and National Insurance contributions (NICs). - Umbrella fee:
It’s important to note that the umbrella company will still charge you their usual fee during this time, and the statutory payment will be made from the remaining balance.
Important considerations
- Minimum earnings:
For most statutory payments, you need to earn more than the Lower Earnings Limit (currently £123 per week) to qualify. This may be a challenge if you’re on irregular contracts or take time off between assignments. - Length of employment:
Some statutory payments, such as SMP and SPP, require a certain period of continuous employment with your umbrella company. Switching between assignments or umbrella companies can affect your eligibility. - Holiday pay:
Statutory payments do not cover holiday pay, but as an umbrella employee, your holiday pay will usually be accrued and paid out alongside your weekly or monthly wages.
Conclusion
Statutory payments provide a valuable safety net for contractors working under an umbrella company. They can ensure financial support during key life events such as illness, maternity, or adoption.
Always check with your umbrella company to ensure you’re receiving the correct statutory payments. What’s more, consider your options carefully before switching between umbrella companies or contracts, as this can affect your eligibility.
Remain informed and proactive so you can make sure you’re taking full advantage of the statutory protections available to you as a contractor in the UK.