|
This section provides general information on employment law. If you have specific questions, you should seek legal advice from a lawyer or trade union.
WorkLine offers advice on the website, through a confidential phone number or email. The service is sponsored by the UK Film Council and Women in Film and Television, and supported by Goodman Derrick LLP (Employment Lawyers).
The information in this section of the Diversity Toolkit has been compiled by Croner, an organisation providing information, advice and support in the areas of employment, health and safety and environmental compliance.
Statutory Sick Pay
Summary
Where an employee is unable to work for certain specified, health-related reasons, he or she is entitled to be paid a minimum amount by his or her employer for set periods, subject to the employee fulfilling the preconditions. Such pay is known as statutory sick pay (SSP) which is £79.15 per week (earnings threshold for this has increased from £95.00 to £97.00 per week from 4th April 2010. The scheme is administered by HM Revenue and Customs (HMRC), which provides recourse for those employees who feel the scheme has been abused and for employers who experience particularly high sickness absences; they may be able to recover some payments.
Key Facts
- Where an employee is unfit for work on health grounds, he or she is entitled to SSP if certain conditions are satisfied.
- An employer may withhold SSP if it believes that the employee was not ill or the employee failed to follow the employer's rules on notification.
- Where the amount of SSP paid in any month exceeds 13% of the employer's NICs for that month, it may be able to recover the difference in full.
- There are a number of duties upon employers concerning SSP, including the duty to keep detailed records for three years. The penalty for failure to meet the obligations is a fine of up to £1000 plus £40.00 per day for as long as the offence continues.
- Employers who produce false information concerning SSP face a fine of up to £5000 or a maximum of three months in prison.
