Elderly Cleaner's £6.80 Sick Pay Sparks Outrage and Legal Scrutiny
A 70-year-old cleaner, employed by an agency for two years, was paid a mere £6.80 after being off work for two months due to a hand injury, raising serious questions about statutory sick pay (SSP) compliance. The case, brought to light by a reader via a financial advice column, underscores the complexities and potential pitfalls in SSP regulations that many workers face.
Understanding Statutory Sick Pay: Key Rules and Eligibility
Statutory sick pay is designed to provide financial support to employees during illness, but its rules are intricate. Currently, SSP in England stands at £118.75 per week, payable after an employee has been ill for more than three consecutive days, including non-working days. This applies to agency staff as well, with employers legally required to pay it for up to 28 weeks of sick leave.
Eligibility for SSP hinges on several criteria:
- Earning an average of at least £125 per week for eight weeks prior to illness.
- Being classified as an employee and having performed work for the employer.
- Providing a fit note from a healthcare professional if sick for more than seven days.
Failure to notify an employer of illness within set deadlines can result in loss of SSP. For part-time or zero-hours workers, eligibility depends on tax deductions or meeting the earnings threshold, though qualifying days—consistent weekly shifts—can complicate matters.
Expert Analysis: Why the Payment May Be Incorrect
Elaine Huttley, national head of employment law at Irwin Mitchell, explains that qualifying days vary based on employment contracts. If no agreement exists, every day may be treated as a qualifying day, but delays can occur if only one qualifying day is present per week. In this case, the cleaner had worked for two years and likely earned above the £125 threshold, given that amount is below full-time minimum wage. With a doctor's note provided, the £6.80 payment appears grossly inadequate under current SSP rules.
Steps to Address Underpayment of SSP
If you suspect underpayment of SSP, take these actions:
- Discuss the issue directly with your employer to check for errors—often the fastest resolution.
- Verify that sick notes cover the correct periods and that SSP calculations use accurate weeks.
- If unresolved, contact HMRC's statutory payment dispute team for a determination. Future enforcement will shift to the Fair Work Agency under the Employment Rights Act 2025.
Exceptions to SSP include receiving maximum SSP already, being on statutory maternity pay, or being in custody, among others.
Upcoming Changes to SSP Regulations
From 6 April, SSP rules will undergo significant updates. The £125 earnings requirement will be eliminated, making eligible workers owed SSP from the first day of sick leave. Additionally, SSP will increase to £123.25 per week or 80% of weekly earnings, whichever is lower, aiming to simplify and enhance support for ill employees.
This case highlights the urgent need for clarity in SSP administration, especially for vulnerable workers like the elderly cleaner, ensuring they receive fair compensation during health-related absences.
