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
Arthur Cox
Arthur Cox
Issues covered:

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 employer could "reasonably expect" them to do from home.

However, assuming there is no such work, and the

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Back to Q&A's This article is correct at 02/09/2015

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.

Arthur Cox
Arthur Cox

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