Eligibility and entitlements relating to statutory sick pay and contractual sick pay


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Employment expert
Practice notes
In-house COVID-19

Eligibility and entitlements relating to statutory sick pay and contractual sick pay


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Employment expert

Practice notes
In-house COVID-19
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This Practice Note considers contractual sick pay (sometimes known as occupational sick pay) and entitlement to statutory sick pay (SSP) under the Social Security Contributions and Benefits Act 1992 (SSCBA 1992) and the Statutory Sick Pay (General) Regulations 1982 (SSP (General) Regs 1982), SI 1982/894.

An employee who is unable to work because of sickness may still be entitled to pay during any period of sick absence. Such entitlement may be to:

  1. •

    statutory sick pay, and/or

  2. •

    contractual or occupational sick pay

Contractual sick pay

An employee's Contract of employment may contain provisions entitling the employee to be paid during any periods of sick absence. An employer does not have to agree to any contractual terms entitling its employees to sick pay. However, if it does agree to such terms then they must be included in any written statement of particulars provided to the employee (see Practice Note: Written statements of employment particulars).

There is no general presumption of a contractual right to sick pay, but a term may be implied in some circumstances even where there

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Contract of employment definition
What does Contract of employment mean?

The contract of employment which governs the employment relationship between the employer and the employee.

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