Contracts of Employment will often contain provision for payment in the event of ill-health. If those provisions are more generous than the Statutory Sick Pay (SSP) the contractual terms will prevail.
Most employees are entitled to receive SSP. Exceptions include
Excluded employees may instead be entitled to claim State Sickness Benefit instead.
SSP is not payable for the first three days absence but after that becomes payable until either the employee is well and returns to work or the payment period expires – a maximum of 28 weeks but the regulations as to how this is assessed are too complex to be set out in detail here.
SSP is payable on a fixed weekly rate of £79.15
Employers are under a duty to maintain written records of sick pay entitlement and to keep these for at least three years. The D.W.P. are entitled to inspect the records.
Any dispute between an Employer and an Employee concerning SSP is determined not by an Employment Tribunal but instead by the Inland Revenue unless the complaint is that the Employer admits liability to pay – but simply failed to make payment.