Q:

Can an employer impose statutory sick pay on an employee who is following government advice to self isolate?

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John Bartley
The Senate
03 Mar 2020

A: SenseCheck

  • 2 Yes
  • 0 No
  • 1 Other

Newest Answer Oldest Answer

  • 13 May 2020
  • Other

    Simple

    Other ...: Employers seeking to impose SSP on their employees should remember that it was called "manifestly inadequate" by the European Committee of Social Rights in 2018. https://lnkd.in/gtC73fM The allowance is currently £95.85 per week. Just because you can do it (if you can) doesn't mean you should.

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    Tamsin Ogilvie
    The Senate

  • Comment

  • 13 May 2020
  • Yes

    Complex

    In a recent survey by PayFit UK, 40% of companies were worried about the complexities of implementing the government's emergency measures such as changes to SSP. Add to this the fact that Payroll is one of the business functions most difficult to carry out from home and the situation is a minefield. The canny employer will want to refrain from "imposing" any changes in such circumstances without solid evidential guidelines. Hopefully these will arrive soon.

    https://lnkd.in/d9AMRpN

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    Adrian Smith
    The Senate

  • Comment

  • 12 May 2020
  • Yes

    Simple

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    Louise Evans
    The Senate

  • Comment

  • 12 May 2020
  • Yes

    Simple

    Adrian Smith is correct that the provisions of the employee's contract must always be checked and followed first; however HR directors and those in human capital management can usefully read the new guidance issued by HMRC on the Coronavirus Statutory Sick Pay Rebate Scheme summarised by Makbool Javaid a partner at Simons, Muirhead and Burton on LinkedIn. Assuming (always tricky) that the contractual sick pay expires before the employee can return to work the scheme allows the employer to reclaim an employee’s coronavirus-related SSP. The scheme can be used by employers if they are: (a) claiming for an employee who’s eligible for sick pay due to coronavirus; (b) had a PAYE payroll scheme that was created and started on or before 28 February 2020; and, (c) had fewer than 250 employees on 28 February 2020. The Rebate Scheme will repay employers the current rate of SSP that they pay to current or former employees for periods of sickness starting on or after 13 March 2020. The repayment will cover up to 2 weeks starting from the first day of sickness, if an employee is unable to work because they either have coronavirus or cannot work because they are self-isolating at home. Employees do not have to give the employer a doctor’s fit note for a claim to be made. The online service to be used to reclaim SSP is not available yet, but HMRC will announce when it is ready.

    https://thehrd.co/2K8G2AJ

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    Louise Evans
    The Senate

  • Comment

  • 09 Mar 2020
  • Other

    Complex

    I don’t know of a rule.: It might also depend on the individual's contract of employment.

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    Adrian Smith
    The Senate

  • Comment