I would be grateful if you could give me some guidance on the following issue - If an employee who is on sick leave wants to carry out some work from home in order to not fall behind, how would this impact on his sick pay?

Posted in : First Tuesday Q&A NI on 1 October 2013
Emma-Jane Flannery
Arthur Cox

From the point of view of statutory sick pay (SSP), if the employee is fit to work from home I doubt very much that HMRC would view them as eligible for SSP. The test under the legislation is whether he is incapable by reason of some specific disease or disablement of doing work which he can reasonably be expected to do under the employment contract.

Therefore, the employee would certainly not be eligible for sick pay on the day they work from home, and I think it is questionable whether they would be entitled to SSP thereafter if there was work that they are capable of doing that the

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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