Employers refusing to pay statutory
sick pay (SSP)
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.
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