Half of employers don't comply with sick pay rules

05 May 2021

The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (SI 2018/1378), which came into force on 6 April 2020, require employers to tell their staff, on day one of employment or before, what their entitlement to any sick pay is.

However, Grid’s research shows many are still reviewing their communications and protocols (28%), some were aware but had not taken any action (10%), some were completely unaware of the change (7%) and 5% were not sure how they had adapted to the new legislation.

Katharine Moxham, spokesperson for Grid, said:

“Employers have had a lot on their plates over the last year, and we appreciate this is one more thing for them to think about. However, many employers are looking to enhance their support for staff right now and this legislation helps create an opportunity to review that. And, as employees look to their employer to know what support is available, this is an opportunity to engage with them on exactly what that support looks like in practice.”

According to Grid, employers who have not complied with the legislation are not only breaking the law but they are fundamentally missing a trick. The organisation believes this is an opportunity to let staff know how employers are going to look after them should they be off work with sickness or injury, an issue that has been particularly highlighted by the COVID-19 pandemic.

Many employees often assume their employer will look after them if they are unable to work but in fact, they may only offer Statutory Sick Pay of £96.35 a week for up to 28 weeks. Such information and advice should be included in an absence policy, which should also contain information on:

How to report absences, including who the employee should contact and when.
When the employee needs to get a sick note.
When return to work discussions will be held and with whom.
How and when to keep in touch.
How the employer keeps track of absence and if they set any review or 'trigger' points.
Whether the employer provides occupational health or an employee assistance programme (EAP) and when this starts.
How much the employee will be paid and for how long.

Katharine Moxham continued:

“Every employer will know the expense of recruitment, in terms of both time and resources, when staff leave for pastures new. This legislation means those companies who truly value their employees and demonstrate that by supporting them when they are absent, are more likely to win the battle to recruit and importantly, retain, the best talent.”