Can you withhold sick pay for unvaccinated workers?

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.

 

HR Outsourcing Costs: Is It Worth It?

HR Outsourcing Costs: Is It Worth It?

Many employers across the UK are feeling the pressure of rising costs, shifting Government policies, and ongoing uncertainty about what the next year will bring. When every pound is under scrutiny, it’s natural to question where outside support truly adds value. One...

High Employee Turnover: Causes and Solutions

High Employee Turnover: Causes and Solutions

Employees move on from every business at some stage, and it’s not always for negative reasons. Whether someone is retiring, starting a family, or pursuing new opportunities, employee turnover is a natural part of working life. However, when you start to see a higher...

HR Priorities to Make Business Growth a Success

HR Priorities to Make Business Growth a Success

Business growth is exciting. It brings new opportunities, fresh talent, and the chance to take your company to the next level. But as teams expand, the way you manage people needs to evolve too. What worked with a small group won’t always suit a larger, more...

Phased Return to Work Pay Guide for Employers

Phased Return to Work Pay Guide for Employers

Managing an employee’s return to work after a period of sickness can be a delicate process, especially when it involves a phased return to work. Employers often want to support staff as they recover, but questions about pay can quickly arise. Should the employee...

Employment Rights Bill 2025 stalls in Parliament

Employment Rights Bill 2025 stalls in Parliament

There’s been another significant development in Parliament this week, as the Employment Rights Bill 2025 returns to the House of Commons following several rejections from the House of Lords. Key proposals such as the “day-one” right to unfair dismissal and guaranteed...

Why is HR Important? Save Money, and Stay Compliant

Why is HR Important? Save Money, and Stay Compliant

Many business owners ask, “Why is HR important?” The answer is simple — effective HR is vital for keeping your business compliant, productive, and financially secure. As employment laws continue to change and costs rise, managing HR internally can become stressful and...