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Employees

Dismissals and Redundancy

Dismissing An Employee

Sacked for Striking

Dismissing Striking Staff

Constructive Dismissal

Making a Constructive Dismissal

Garden Leave

Redundancy

Unfair Dismissal

Wrongful Dismissal

Compensation for Unfair Dismissal

Time off

Employers, Employees and Maternity Leave

Last Minute Holiday Requests

New Employee Sick Notes

Absent From Work and Natural Disasters

Flexible Working in Employment

Long Term Illness at Work

Maternity Rights

Maternity Leave Pay

Paternal Leave

Statutory Sick Pay

Request Time Off for Training

Contracts

Employers With Employees Working From Home

Changing Employment Terms

Employment Contracts

Working Time Regulations

Employee Secondment

Social Workers Licensing Requirements

Pay

UK Minimum Wage

Deductions From Wages

Equal Pay

Unpaid Internships and Employment Law

Hotel Cleaners Paid By Rooms Cleaned

Trade Unions

Conditions for Over Time

Disciplinary Matters

Use of Facebook at Work

Bullying at Work

Employment Tribunals

Private Internet Use at Work

ACAS

Corporate Manslaughter

Medical Evidence in Disciplinaries

Employee Fraud

Employee Giving Company Bad Name

Recruitment

Employer Access to Medical Records

Employment Checks for Minor Criminal Convictions

Security Vetting

Legal Issues Working With Children and Vulnerable Adults

Child Abuse Overseas UK Employment Law

Lying on a Job Application

British Workers Rights Over Foreigners

Blacklisting Trade Union Members

Employment Agencies

Employment Agencies

Employment Agency Withholding Pay

Employment Agency Withholding Pay

Employment Agencies Charging

Health and Safety

Health and Safety at Work

Health and Safety at Work Act

Building Work Health and Safety

Noise at Work

Protective Equipment at Work

Electricity at Work

Driving for a Living and the Law

Being a Security Guard

 

 

 

What is Statutory Sick Pay

The government has adopted this measure which is a substituted form of earnings for employees who are off sick from work and who meet the entitlement requirements.

Employer’s Duty

An employer has a legal duty to pay statutory sick pay to an employee who becomes ill and is absent from work as a result of that illness as stipulated by the Social Security Contribution and Benefits Act 1992. Prior to 1994 an employer was able to be reimbursed for most if not all of the money that was paid to an employee from National Insurance Contributions. However the Statutory Sick Pay Act 1994 has repealed employers’ right to recoup those losses and has made it their responsibility.

The Entitlement to Statutory Sick Pay

A person is entitled to statutory sick if the he or she meets the following requirements:

The Employee

An employee includes the following:

 

Limitation on entitlement

Protection of an Employee’s right to Statutory Sick Pay

Contracting out of an Employee’s Protection

The protection of an employee’s right to Statutory Sick Pay does not apply to circumstances where the following applies:

The Rate

The 2009-2010 rate of Statutory Sick Pay is £79.15 paid on a weekly pro rata basis. Income tax and national insurance contribution deductions apply.

New Development- Holiday pay for employees on long term sick leave

The actual amount of Statutory Sick Pay is arguably very modest. However, the recent landmark case of Inland Revenue Commissioners v Ainsworth [2009] is seen as a welcome change in the law by employees who are on long term sick pay as they are now entitled to holiday pay in addition to their Statutory Sick Pay. This case has settled the confusion in this area of the law where previously the Court of Appeal ruled that an employee is not entitled to holiday pay whilst off sick from work. This judgment followed a ruling of the European Court of Justice in Stringer v Revenue and Customs Commissioners

However, this ruling has created controversy as businesses now fear that it will be costly to pay compensation in lieu of an employee’s lost annual leave in addition to Statutory Sick Pay. This is particularly aggravated by the fact that an employee can claim for aggregated holiday pay.

 

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