• Facebook
  • Twitter
  • LinkedIn
Call us now: 01243 836 840   [email protected]
Pure Employment Law
  • Who We Are
    • Nicola Brown
    • Peter Stevens
    • Elena Elsam
    • David Jones
    • Linda Nye
    • Brenda Cherry
  • For Employers
    • Advice on HR and People issues
    • Investigations, Hearings and Appeals
    • Restructuring and Redundancy
    • Defending Employment Tribunal Claims
    • Dismissal of Senior Executives
    • Contracts, Handbooks and Policies
    • Employment Law Training
  • For Employees
    • Settlement Agreements
    • Workplace Issues including Disciplinary and Grievance
    • Bringing an Employment Tribunal Claim
  • Employment Law Events
  • Legal Updates
  • Testimonials
  • Vacancies
  • Contact us
  • Search
  • Menu Menu

Sick leave, sick pay and the coronavirus

21 April 2020

Coronavirus speech bubble

There have been a few recent developments regarding sick pay that we wanted to let you know about.

1. Furloughed employees are not eligible for Statutory Sick Pay (SSP)

The Government has updated its Statutory Payments Manual to specifically state that employees who have been furloughed will not be entitled to SSP.

This is consistent with the guidance on the Coronavirus Job Retention Scheme (CJRS) which we reported on in our recent FAQ article. An employee can either be on SSP or on furlough, but not both.

What the Government says is that the CJRS is not intended for short-term absences from work due to sickness (for example, there there is a 3 week minimum period for furlough).

Short term illness (whether Covid-19 related or not) or self-isolation should not be a factor for employers when they decide whether or not to offer furlough to someone.

If someone is either ill or self-isolating due to the coronavirus then the employer is required to pay SSP from day 1 (with no ‘waiting days’) and can claim up to 14 days’ SSP back from the Government.

However, for longer term absences, in a change to the original guidance, employees who are off sick can now potentially be furloughed. Furlough will be a much more favourable option for most employees because they will normally receive more than if they were on SSP.

2. Shielding employees are eligible for SSP

As you are probably aware, ‘shielding’ is the official term the Government uses to refer to steps taken to protect particularly vulnerable people. They have been strongly advised to stay at home at all times and to avoid any face-to-face contact with the outside world. 1.5 million extremely vulnerable people have been sent a letter from the Government advising them of the need for shielding.

Some employees who are required to ‘shield’ will be able to work from home, and obviously if that is the case they will be paid as normal.

If however they are not able to work from home because of the nature of their job, then until the SSP rules changed they had been in somewhat of a grey area. They were usually fit for work, but it was the circumstances of the virus that were preventing them from doing so.

The latest change is that people who are considered ‘extremely vulnerable’ and have been required to shield are now entitled to SSP. This change came into force on 16 April 2020 and importantly, it only applies from that point onwards.

The change will not necessarily mean that employers are obliged to pay company sick pay to people in this situation, though many have already been choosing to do so.

An issue that has cropped up with a number of our clients has been the position regarding people who live in the same household as someone who is extremely vulnerable and who therefore don’t feel able to come to work because of the increased risk to their family member. The change to SSP does not relate to those individuals.

However, as we reported in our FAQ article, employees who are ‘shielding’ (either because they themselves are vulnerable, or because a member of their household is) are eligible to be furloughed. Again, this will usually be a much more favourable option from the employee’s point of view. Also, given that only 14 days’ SSP can be reimbursed, it is likely to be a significantly better option for the employer as well.

If you are an employer dealing with an issue relating to the coronavirus, then we can help. Please call us on 01243 836840 for a no obligation chat, or email us at [email protected].

Please note that this update is not intended to be exhaustive or be a substitute for legal advice. The application of the law in this area will often depend upon the specific facts and you are advised to seek specific advice on any given scenario.
Share this article
  • Share on Facebook
  • Share on Twitter
  • Share on WhatsApp
  • Share on LinkedIn
  • Share on Reddit
  • Share by Mail

Join our mailing list

* = required field
Mailing Lists


Recent Legal Updates

  • What to expect during 2021 – employment law developments 21st January 2021
  • Did “office banter” about an employee’s memory amount to age discrimination? 21st January 2021
  • Update on Furlough 20th January 2021
  • Restricting Restrictive Covenants? 20th January 2021
  • Q&A: What to expect from a remote Tribunal hearing 20th January 2021
Link to: Contact Us

Any questions? Why not get in touch!

Our advice is always given in plain English without any waffle, and we focus on providing practical solutions to our clients’ problems.

Contact us

LEGAL INFORMATION

Pure Employment Law | 1 Little London, Chichester, West Sussex, PO19 1PH
[email protected] | Tel: 01243 836840

Pure Employment Law is the trading name of Pure Employment Law Limited, registered in England and Wales with company number 07134294 and whose registered office is 1 Little London, Chichester, West Sussex, PO19 1PH. Pure Employment Law Limited is authorised and regulated by the Solicitors Regulation Authority with registration number 533794. A list of the company’s directors is available for inspection at the registered office

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Pure Employment Law and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Privacy Policy | Cookies Policy | Terms & Conditions | How to make a complaint | Sitemap

© Pure Employment Law 2021

Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies as defined in our cookie policy.

Accept Cookie Policy

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refuseing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Google Analytics Cookies

These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.

If you do not want that we track your visit to our site you can disable tracking in your browser here:

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Other cookies

The following cookies are also needed - You can choose if you want to allow them:

Privacy Policy

You can read about our cookies and privacy settings in detail on our Privacy Policy Page.

Privacy Policy
Accept settingsHide notification only