SSP for new worker

I have a client who has worked for an employer for 5 weeks .

She earns above LEL but has been told she cant have ssp as she hasnt worked for 3 months

Im going to advise she get an SSP1 and claim ESA as i dont think the employer will back down

I cant find any reference to a 3 month rule, and its not in CPAGs exception list p 843

Any thoughts would be appreciated

The general rule is there is no minimum length of service, only that some work must have been done under the contract. However, you do need to be currently employed. If they are an casual/agency worker it may be that they are not currently under an assignment?

Your employee hasn’t had 3 months continuous employment with you

SSP entitlement will continue to the end of any assignment they had agreed to work. Your employee may have been offered and accepted other assignments when they went sick. Entitlement will then continue until the end of the last accepted assignment and the periods in between unless the contract has been ended in writing.