Reasons an employer may not pay statutory sick pay (SSP) and what to should do

Statutory sick pay (SSP) cannot be received for the first three days of sickness leave though it can if your contract allows for it.

If an employee cannot get SSP or they have been off sick for more than 28 weeks they should receive a form SSP1 from their employer which can be used to claim Employment and Support Allowance from their local benefit office.

The form will also include reasons given by the employer for why SSP was not paid or why it has ended and give the last date of payment.

If SSP is not paid the worker can also make a claim for unlawful deduction of wages to an employment tribunal in some circumstances although it would be advisable to discuss grievances with the employer first.

Employers can receive penalties for failing or refusing to operate the SSP system. This can be from a refusal to allow access to records, a failure to keep records, providing incorrect information or documents or a failure by the company to give the employee the required information.