As part of its response to the COVID-19 pandemic, the government amended the rules relating to Statutory Sick Pay, so that individuals who were self-isolating or shielding were automatically deemed to be incapable of work and therefore entitled to receive Statutory Sick Pay (SSP). The 3 “waiting days” before someone would be eligible for SSP were also disapplied when their absence was COVID-19 related.

This amendment has now ceased (with effect from 24 March 2022).

To be entitled to SSP, the employee (or worker) must now actually be sick or incapable of work. Therefore those with COVID-19 who are asymptomatic or only have very mild symptoms will no longer be eligible for SSP. This applies to England, Scotland and Wales.

This will create a dilemma for employers as, whilst they could choose not to pay, that may place pressure on staff (who have COVID-19, but are mildly infected) to come into work and risk passing it to others.

Please give us a call if you want to talk through your requirements and find out how we might be able to help you.

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