How to appeal

If your employer decides you are not entitled to SSP and you do not agree with this, the employer must give you the reasons for its decision in writing. You can appeal against this to the HMRC within six months of the refusal to pay. You will need to state the period for which you are claiming SSP and your employer’s grounds for refusing to pay. Your local Jobcentre will have details on how to make an appeal. You can write directly to the HMRC to pursue your claim if your employer refuses to provide you with anything in writing.

A claim for unpaid sick pay (SSP or contractual) should be brought as a claim for unlawful deduction of wages in the Employment Tribunal or as a claim for breach of contract (failure to pay your wages) in the civil courts – usually the small claims court. However, only HMRC can resolve a dispute over whether you are entitled to SSP.

You can find more information about bringing claims in the civil court on the Gov.uk website: www.gov.uk/make-court-claim-for-money/overview.

There is a fee for this kind of claim.