There is a legal minimum amount of cash that employees across the UK should be paid when they are off sick, and if you’re not getting that then your workplace could be in breach of your rights
Employees should ensure they’re receiving a minimum amount when off sick, or their workplace could be infringing on their rights. By law, workers should receive at least £118.75 per week in Statutory Sick Pay, providing a minimum income during periods of illness.
Employers are legally obliged to pay this amount each week for up to 28 weeks. In some instances, employees may receive more if their employer operates a sick pay or occupational scheme.
It is important to note that Sick Pay is only issued for the days employees would normally have worked and are off due to illness. This typically excludes the first three working days, with the exception being if you have received sick pay within the last eight weeks, which must have included a three-day waiting period before your first payment.
Each day that Sick Pay is issued
You qualify for Statutory Sick Pay if you are legally classified as an employee, have performed work for your employer, earn an average of at least £125 per week, and have been ill for more than three consecutive days – including non-working days.
It is worth noting that agency workers are also entitled to Statutory Sick Pay.
Who is eligible for Sick Pay?
If you need to claim Sick Pay, inform your employer that you are unable to work either within seven days or by a deadline set by your employer. You might not qualify for Sick Pay if you have already received the maximum amount or are currently getting Statutory Maternity Pay.
Even if you are a new employee and have not yet earned eight weeks’ pay, you could still be eligible for the payment, but you will need to discuss this directly with your employer.
What if your employer refuses to pay
If your employer is denying you Sick Pay despite your eligibility, your first step should be to have a direct conversation with them to resolve the issue. You can also request a written explanation from your employer detailing why they’re refusing to provide Sick Pay.
This should formally be done on an SSP1 form, rather than just a note or email. If they decline to provide an SSP1 form or you disagree with their reasoning, you can lodge a complaint directly with HM Revenue and Customs (HMRC).
The HMRC Statutory Payment Dispute Team can be reached by calling 0300 322 9422.