HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
The following legislation and official guidance are particularly relevant when developing and operating a Sick Pay Policy. Employers should always apply the statutory rules in force at the time, as sick pay requirements can change.
Statutory Sick Pay
The Social Security Contributions and Benefits Act 1992 provides the statutory framework for Statutory Sick Pay. Employers should also follow current government guidance when determining eligibility and payment. https://www.legislation.gov.uk/ukpga/1992/4/contents
Current SSP requirements
Employers should check the latest GOV.UK guidance for the current SSP rate, eligibility conditions, reporting requirements and circumstances in which SSP may be payable. https://www.gov.uk/statutory-sick-pay
Employment Rights Act 1996
The Employment Rights Act 1996 contains important employment rights relevant to sickness absence and termination of employment, including provisions concerning written particulars, deductions from wages and unfair dismissal. https://www.legislation.gov.uk/ukpga/1996/18/contents
Equality Act 2010
Where sickness absence relates to a disability, employers must consider their obligations under the Equality Act 2010, including the duty to make reasonable adjustments where applicable. https://www.legislation.gov.uk/ukpga/2010/15/contents
Working Time Regulations 1998
The Working Time Regulations 1998 contain provisions relating to statutory annual leave and the interaction between sickness absence and holiday entitlement. https://www.legislation.gov.uk/uksi/1998/1833/contents
Fit notes and medical evidence
Employers should follow current government guidance regarding fit notes and the circumstances in which employees may be required to provide medical evidence of their inability to work. https://www.gov.uk/government/publications/the-fit-note-a-guide-for-patients-and-employees