Job Creation & Staff Problem

[Pete4uk]

Hi there,

I am very happy to find this website and really like it.

I have come to uk with Tier (Entrepreneur) visa. I have created jobs in according to the guidelines. However, a full staff (over 30 hrs per week) has an illness and can’t come to work. He has had to stay in a hospital and then transferred to a rehab center. I have had paid this staff sick pay for 4 months as required statutory requirements. I understand that I need to pay for up to 28 weeks if he still in rehab/ hospital with formal sick notice.

In the above situation, the staff can’t come to work physically and no working hours being accumulated in each week. Though specific working hours and date have been mentioned in our employment contract.

As such, I would like to ask whether Home Office would count this staff as one full time job

[marcnath]

Assuming you are still generating payslips and doing RTI for the employee I don’t see why it would not count.
Remember the requirement is job creation, not active employees.
You have still maintained the job even if the person is on sick leave

[natsha]

Doesn't Matter staff sick or whatever If you sending monthly Gross Pay 975 at minimum wages 7.50.
That Staff is considered as full time.

130 Could be Holiday, working, sick.

[marcnath]

Doesn't Matter staff sick or whatever If you sending monthly Gross Pay 975 at minimum wages 7.50.
That Staff is considered as full time.

130 Could be Holiday, working, sick.

@natsha - can you please point out where in the immigration rules is it specified that you need to pay 7.50 per hour ?
There is no such requirement.
Statutory pay hourly rate is much lower.

[zimba]

Any paid day will count, eg. paid holiday, sick day, etc

[Pete4uk]

Thanks for the above reply!

I haven’t paid full wage ( 7.5 pounds per hour etc) to the stuff in sick pay.

I only pay £89.35 per week now as it is stated in Statutory Sick Pay ( SSP ). Though I have a contract of 4 days work and 8 hours per day in our employment contract. Is it alright ( still count as full time stuff in view of Tier 1)?

[marcnath]

Thanks for the above reply!

I haven’t paid full wage ( 7.5 pounds per hour etc) to the stuff in sick pay.

I only pay £89.35 per week now as it is stated in Statutory Sick Pay ( SSP ). Though I have a contract of 4 days work and 8 hours per day in our employment contract. Is it alright ( still count as full time stuff in view of Tier 1)?

Yes, it is.

In the job table, you need to show the change in the hourly rate during the sick period. The hourly rate would be 2.79 in your case (89.35/32)

[natsha]

SSP its fine we have to follow legal rules but who gonna explain caseworker.

One person got refusal because he paid gross salary 728£ full time.

caseworker count this job as part-time but caseworker wrong.

This Employee under 20 age minimum wages 5.60.

5.60 X 130= 728£ ( full-time )

So that's why I said keep things are clear for CW.