Can an Employer Refuse to pay Statutory Sick Pay if the Employee has not Complied with the Notification Requirements?

Posted in : First Tuesday Q&A NI on 6 June 2023
Chris Fullerton
Arthur Cox NI
Issues covered: Sickness and Absence; Statutory Sick Pay

If an employee is unwell and unable to work, provided that they meet certain qualifying conditions, they are entitled to receive Statutory Sick Pay (‘SSP’). If these qualifying conditions are not met, or if an employer has good reason to believe that an employee is abusing the sickness procedure, then it can generally withhold SSP from the employee.

One of the qualifying conditions is notifying the employer of incapacity to work due to sickness within a prescribed time frame. If an employee has not been notified in advance of any time limits to adhere to through, for example, a company’s sickness and absence policy, then the default time limit is set as no later than seven days after the

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Back to Q&A's This article is correct at 06/06/2023

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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