Sick pay and health-linked absences

Statutory Sick Pay (SSP) is just £95.85 per week (2020-21) for a maximum of 26 weeks. In 2018, the SSP regime was condemned by the European Committee of Social Rights as “manifestly inadequate” and “not in conformity” with the UK’s international obligations.

To get SSP, an employee must earn on average at least £120 a week (2020-21), known as the Lower Earnings Limit (LEL). Agency workers who earn at least the LEL are also entitled to SSP.

In workplaces where a union is recognised, employers are likely to provide contractual sick pay that is significantly better than SSP, both as to the amount of pay and the number of weeks.

To the extent that contractual sick pay exceeds SSP, employers can agree their own rules, but they must not discriminate unlawfully, for example against disabled workers.

An employer that wants to change sickness absence and sick pay rules must consult with its workforce. Any change to contractual sick pay rights and rules must be by agreement. If a union is recognised for negotiation over sick pay, that agreement must be with the union.

LRD has a separate guide for reps, Sickness absence and sick pay (https://www.lrdpublications.org.uk/publications.php?pub=BK&iss=1951).