Can you withhold sick pay for unvaccinated workers?

24 November 2021 | Blog

A popular supermarket chain recently announced they will no longer pay full Statutory Sickness Pay to employees who need to isolate due to Covid-19 if they haven’t been vaccinated. This has caused a lot of controversy with unions saying it’s unlawful. This has also led to many people asking the question, Can you withhold sick pay for unvaccinated workers? In addition, we wanted to answer this once and for all.

Withholding SSP 

Can you withhold sick pay for unvaccinated workers? In short, no. Since the government has stressed that Covid-19 jabs are not compulsory, withholding SSP from unvaccinated employees can be seen as discrimination, and, much like a no jab, no job policy, it could land you in hot water as an employer. In addition, getting vaccinates remains a personal choice for employees accept from workplaces such as care homes.  

Withholding SSP should be reserved for cases where you can prove that an employee was not really sick, or where they have failed to notify you of their absence.  

If an employee is penalised in any way for not being vaccinated, this could lead to a claim. Some employees are also unable to get the vaccine due to medical grounds. In addition, this may be seen as discrimination.

 

Statutory Sick Pay Policy  

It can be a good idea to have a SSP policy in place to ensure you’re fully compliant. It also allows your employee knows what they are entitled to. To ensure you retain good employees, you can consider paying more than the statutory pay rate when they are off work due to illness.

If you already have a sick pay policy or scheme in place, it’s important you abide by this. Failure to do so can be a breach of contract and can potentially lead to a constructive dismissal claim.

Offering more money than the statutory sick pay is at the employers discretion. In addition, you can technically withhold this. However, an employment tribunal can argue that the policy offering more than the SSP is a contractual agreement. In addition, it’s not advised to withhold this from unvaccinated employees.

If you would like any further advice on Statutory Sick Pay, feel free to contact our HR experts on 01383 668 178 or info@thehrbooth.co.uk.

 

Related Topics

Bradford Factor | The Pros and Cons

Bradford Factor | The Pros and Cons

The Bradford Factor is a widely used HR tool designed to measure and manage employee absenteeism. This formula is particularly effective in highlighting the disruptive impact of short, frequent absences compared to prolonged absences. However, while this can be an...

Terminating an Employee with Mental Health Issues UK

Terminating an Employee with Mental Health Issues UK

Mental health awareness is growing, but challenges still arise when addressing it in the workplace. Employers have a duty to support employees struggling with mental health issues, but what happens if the situation becomes untenable? When it comes to terminating an...

Pregnancy Risk Assessment: An Employers Guide

Pregnancy Risk Assessment: An Employers Guide

Conducting a pregnancy risk assessment is essential to ensure the health and safety of the pregnant employee and her unborn child. This assessment identifies potential workplace risks to pregnant employees. Neglecting to conduct one could result in serious...

Making a Position Redundant by Restructuring: Employer Guide

Making a Position Redundant by Restructuring: Employer Guide

In the current economic climate, making a position redundant by restructuring has become a pressing consideration for many businesses. Rising operational costs and the recent increase in National Insurance contributions for employers are placing significant financial...

Return to Office: Balancing Employer Goals and Employee Rights

Return to Office: Balancing Employer Goals and Employee Rights

The topic of "return to office" has been a highly debated one as businesses adjust their workforce strategies. While remote working was a necessity during the pandemic, employers are now encouraging employees to return to the workplace, citing reasons from improved...

Zero Hours Contracts Guide for Employers

Zero Hours Contracts Guide for Employers

Zero hours contracts have become a prominent feature in the modern workplace, sparking considerable debate among employers, employees, and policymakers. These contracts, which do not guarantee a minimum number of hours, provide flexibility for both businesses and...

Are you ready to elevate your HR strategies?

Connect with our expert team for tailored solutions and insights. Call The HR Booth at 01383 668178 or reach out via email at info@thehrbooth.co.uk or use the contact form.

Let’s transform your human resources approach together!