(UK only) Is an employer legally able to not pay employees for sick days?

Question

My friend works for Npower and says that this is written into her contract. Are they legally allowed to not pay employees who take sick days?

Answer 1

Yes they are, however she is entitled to statutory sick pay from the government, which amounts to approximately £55 per week at the lower rate (first 28 weeks). This will presumably go up in April with the beginning of the new tax year. The company I used to work for did this.

To apply for ssp she will need to get a sick note from the doctor and speak to the job centre to apply for it.

I've added the relevant links below for you.

I assume companies do this in order to prevent unnecessary sick days, as SSP is such a poxy amount to live off.

However, if you are employed full time and receiving SSP and tax credits, the tax credits (as far as I can remember) remain the same.

Hope this helps somewhat.

ps, just to add a bit after what Dee Dee said below, my time off sick was for broken bones. Four breaks in my writing arm (upper, lower and elbow bone and the end was broken off the lower bone at the elbow end) and could not work at all, I had pins, plates, screws and wires put in and then taken out again 8 months later. I was eventually fired for the time off (something else legal provided there are not over a certain amount of employees). As she says, in this day and age there should be some sort of enforced discretion at least! Irrelevant to your question sorry, but wanted to get it off my chest!

Answer 2

Yes. The company I work for and process the wages for does not pay sick pay. However, all employees are entitled to Statutory Sick Pay from the Government. It does not action until you have been off sick for over three days though.

It does suck that in this day and age employers don't have to pay sick pay - I have a couple of employees who are off sick long term with broken bones and they are only entitled to SSP which is only a small amount of the wage they would have got if they were working.

Hope this helps.

D.
X

Answer 3

I don't think that many companies today pay their own sick pay, only Statutory Sick Pay which is about £50-£60 pw, can't recall exact amount but it isn't much! also I think you have to be sick for a week before you can even claim that! Have just looked it up and if you earn an average of £84 pw then you will get the princely sum of £70.05!

Answer 4

Oh god i know exactly how you feel! I hate night shifts even before i was pregnant!, i would drink about 5 coffees and 2 red bulls to keep me awake, can't do that now because as you know im also 16+2 weeks pregnant. Luckily where i work we secretly take 1 hours sleep ad don't tell the bosses but i expect it's different where you work. Is there anyway you could arrange not to do night shifts anymore even if you make up another excuse like lack of childcare for the nights? Im not sure theres anything the doctor can give you whilst your pregnant?? Is there anyway you can get a lie in on the saturday morning and maybe sleep a few hours before your shift? What we do for money eh?!?!?

Answer 5

If your friend has a sick note from the doctors then your friend should be paid statutory sick pay after the third waiting day but he/she must be off for four days consecutively so the SSP guidelines say the first 3 days are waiting days which will not be paid, or for the first week he/she can complete a self certificate which your employer will provide or your doctors surgery will provide. hope this helps

Answer 6

If she is part time then I think they can or if she has only just started then I dont think employers have to pay sick leave for the first year. There is also a limit to how much sick leave employers will pay, normally anything over 6 weeks they can refuse to pay but it depends on the employers. If she has a union rep I would advise her to go and see them to discuss it.

Answer 7

If she's a contract worker, certainly. The terms of the contract control.

This makes sense when you think about what a contract is: An exchange of promises. "I'll do A if you do B."

In this case, she agrees to do A (work) if the company does B (pay her). While she's sick, she isn't doing A. The company is excused from doing B.

Answer 8

If you have a contract and depends on how long working there then she should check it carefully also is she in a union she can contact them or if not the citizens advice. Generally though companys should pay a certain amount of sick leave

Answer 9

Yes I am afraid so, your employer is only legally obligated to pay you Statutory Sick Pay (SSP) after you have had three or more days off sick, and only if you meet the qualifying threshold (I think it is about £84 per week gross).

Check out www.acas.gov.uk for more info.

Answer 10

Yes theres no law to say sick pay is paid by the company. ONLY stat sick pay whcih is government funded