Sick pay
This practice note provides guidance on navigating the legal framework for both statutory and contractual sick pay. It considers the complex Statutory Sick Pay (SSP) scheme, set out in the Social Security Contributions and Benefits Act 1992 and Statutory Sick Pay (General) Regulations 1982 (SI 1982/894). Beyond statutory requirements, the note examines the operation of contractual sick pay schemes, offering advice on drafting robust clauses and managing discretionary payments. Key practical implications are explored, including handling phased returns to work, the potential for unlawful deductions or constructive dismissal, the interplay with disability discrimination duties under the Equality Act 2010 and the obligations surrounding pension contributions during sickness absence.
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