Is a non-executive director eligible for statutory sick pay?

Posted in : First Tuesday Q&A NI on 5 October 2021
Chris Fullerton
Arthur Cox NI
Issues covered: Sick Pay; Employment status

There are certain criteria that must be satisfied in order to be eligible for statutory sick pay (SSP). However, when it comes to non-executive directors, the requirement for the individual to be an 'employee' is likely to be the most immediately relevant. A person appointed as a director of a company is an office-holder but not by virtue of that appointment alone, also an employee of the company. It will boil down to a question of fact whether a director is an employee, or a worker, for the purposes of employment rights, taking into account the relevant statutory definitions.

Unfortunately, there is no legal definition of ‘non-executive director’ but such role is usually taken to mean a

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Back to Q&A's This article is correct at 05/10/2021

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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email

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