COVID-19 - Sick Pay

Covid-19 - Sick Pay

sick pay, covid-19, coronavirus, employment law
If your employees are unwell because of the virus then you need to decide whether statutory sick pay (SSP) applies.

There are various reasons why an employee may need time off work, including self-isolation. Currently, the following will be treated as sickness absence:

  • your employee has coronavirus;
  • your employee has coronavirus symptoms, for example, a high temperature or continuous cough;
  • someone in your employee’s household has coronavirus symptoms;
  • your employee has been told to self-isolate by a doctor or NHS 111.

In the event of any of the above, the absence must be treated as sickness absence. In relation to pay, SSP will apply from day one (this is another new rule following the outbreak of coronavirus). However, if your contract of employment provides for greater sickness pay then that will need to be applied.

The government has also introduced new rules that enable employers to recover the first two weeks of SSP from the Government. 

If an employee self-isolates they can self-certify for the first seven days off work without having to get a fit note from a doctor oh NHS 111. 

Those self-isolating owing to coronavirus for more than seven days can now get an online self-isolation note from the NHS website or NHS mobile phone app. 

If an employee take time off work that is not sickness absence, for example, they choose to self-isolate, for example, not because they have symptoms, but because they just want to avoid catching coronavirus, you should discuss their absence with them. This could be taken as holiday or unpaid leave but is unlikely to qualify as sickness absence. You do not need to agree this time off and if your employee refuses to attend work or work without a valid reason, it can mean you are entitled to take disciplinary action. 

Part 3 - Home working - Practical Considerations, will to follow tomorrow.

By Nicola Cockerill February 3, 2026
Did the use of NHS changing room by transgender woman give rise to claims for harassment and/or indirect discrimination?
Woman with dark hair in a green and gold top, smiling, black background.
By Matthew Kilgannon February 3, 2026
The appeal judgment criticised the original tribunal’s handling of both disability and justification issues. The judgment indicates that employers making dismissals based on assessment of readiness for promotion, without the employee having carried out the work for the role above, will struggle to show that decision is
Man in suit at desk, hands clasped, white mug, wrist watch.
By Gerard Airey January 19, 2026
Ms Sanju Pal succeeds in appeal against Accenture at the Employment Appeal Tribunal – Tribunal’s reasoning on disability discrimination due to endometriosis was “wholly inadequate” and the decision could not stand
Hands forming a heart, both wrists adorned with rainbow bracelets, against a background of denim and black shirts.
By Nicola Cockerill December 18, 2025
A tribunal ruled non-binary identity does not amount to gender reassignment. Learn the legal reasoning and workplace implications with Kilgannon Law.
Houses of Parliament, London, at sunset; orange sky, building reflections on water.
By Nicolla Cockerill December 11, 2025
A tribunal has held that the dismissal of a cleaner working two jobs and 17-hour days was fair. Learn why the decision was upheld, the key factors considered, and what this means for employers managing fatigue and safety risks.
Man handing a paper document to another man at a desk, smiling. Office setting.
By Nicola Cockerill December 10, 2025
Understand how employee share options work, the different types available, and their tax implications. Learn how share schemes can reward staff, attract talent, and support business growth.
Man in suit at desk, interviewing. Person gestures with hand, laptop and documents visible.
By Dominic Holmes November 10, 2025
From 1 December 2025, ACAS early conciliation will double to 12 weeks. Discover what this change means, how it affects tribunal time limits and backlogs, and why more time may not always benefit employees or employers.
Man in a suit with hands clasped, a white mug on the table to his left.
September 1, 2025
Analysis of Sanju Pal v Accenture UK Ltd: appeal on endometriosis, consulting model, and Category A classification in the EAT, 9–10 Dec 2025.
A woman is using a calculator on a wooden table.
By Emily Kidd March 31, 2025
A full time employee that is over 21 will soon be earning nearly £24,000 per annum which could mean that more employees are close to the minimum wage. Having an employee working close to the minimum wage poses risks to businesses. For example, if an employee works any overtime, they may then fall below the minimum wage.
A woman is sitting at a table in an office writing on a piece of paper.
January 13, 2025
Kilgannon & Partners outlines key steps to comply with the new UK duty to prevent workplace sexual harassment. Services include risk assessments, policy updates, staff training, and confidential reporting. Contact us for support.