0370 270 6000

Statutory sick pay for COVID-19 self-isolators

13 March 2020

Please note: the information contained in this legal update is correct as of the original date of publication

New legislation (The Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020) has come into force today making it clear that those individuals who (a) self-isolate to prevent infection or contamination with COVID-19 in accordance with guidance published by Public Health England, NHS National Services Scotland or Public Health Wales and effective on 12 March 2020 and (b) as a result, are unable to work, are entitled to SSP.

These Regulations are to be kept under review but, in any event, will cease to have effect after 8 months.

Whilst this removes any remaining debate over whether or not this group of individuals was already entitled under the previous SSP regime, unfortunately, this legislation is limited to this one point and does not include the additional government proposals to (a) extend the entitlement to SSP to the first day of absence or (b) (as intimated in the Budget) extend SSP to those who are caring for others in the same household who display COVID-19 symptoms and have been told to self-isolate. Legislation is still awaited in respect of the same.

This gives some welcome clarity for employers and employees alike, particularly with the new guidance being to self-isolate for 7 days with a high temperature or a new continuous cough. However, it is important to note that the entitlement will only apply if the individual is unable to work. Those employees who can work at home during self-isolation (and are physically well enough to do so), will not have an automatic right to SSP.

Coronavirus support

We are helping across business, health, education and government sectors:

Related opinions

Long covid and whether this amounts to a disability

The recent Employment Tribunal decision in Mr T Burke v Turning Point Scotland, Case no.4112457/2021 found that long-Covid amounts to a disability.

View blog

Bill to establish an “Office of the Whistleblower”

Baroness Kramer has now introduced the Protection of Whistleblowing Bill as a Private Members’ Bill, starting in the House of Lords.

View blog

New mothers suffer a cumulative loss of income of £66,434 over the following decade

Independent think-tank, the Social Market Foundation (“SMF”), has launched a cross-party parliamentary commission on childcare and its implications for mothers.

View blog

The impact of COVID-19 on maternal deaths

HSIB published its report on Maternal deaths during the first wave of COVID-19. The report takes a closer look at the impact that COVID-19 had during the initial period of March to May 2020.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up