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HMRC internal manual

Statutory Payments Manual

From
HM Revenue & Customs
Updated
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Continuous employment: trade disputes

Employee on strike

A period during which an employee was on strike does not break continuity of employment for SMP/SAP/SPP/ASPP/ShPP purposes. However, the number of days someone was on strike does not count towards the period they are regarded as continuously employed. An employee must have been continuously employed for at least 26 weeks.

Example 1

An employee who has been employed by an employer for 30 weeks into the QW and during that period they were on strike for five weeks.

Although continuity of employment is not broken, only 25 weeks can count towards the continuous employment and so the employee would not qualify for SMP.

Example 2

An employee who has been employed for 31 weeks into the QW and during the period they were on strike for five weeks.

Although continuity of employment is not broken as they still have 26 weeks continuous employment therefore they would qualify for SMP.

Regulation 13 of the Statutory Maternity Pay (General) Regulations 1986

Employee ‘locked out’

Periods when an employee is ‘locked-out’, and is not directly involved in the trade dispute, do not affect the period of continuous employment.