Sick Pay Duties & Employee Rights in London

Labor and Employment England 4 Minutes Read · published February 02, 2026 Flag of England

In London, England, employers must follow national rules when handling sick pay documentation and employee entitlements. This guide explains employer duties on recordkeeping, how to calculate and pay Statutory Sick Pay (SSP), employee evidence rights, and practical steps to resolve disputes. It focuses on official guidance for employers and workers in London, points to enforcing bodies, and shows how to document absence to avoid penalties.

Understanding Statutory Sick Pay and Local Scope

Statutory Sick Pay is a national entitlement; local boroughs do not set separate statutory sick pay rates. Employers should rely on official government guidance for eligibility, qualifying days and payment rules. See the official Statutory Sick Pay guidance for full employer obligations and eligibility details https://www.gov.uk/statutory-sick-pay[1].

Keep a copy of every sick note and payroll entry for at least three years.

Employer Recordkeeping & Documentation

Employers must maintain clear records to show entitlement, payments and supporting evidence. Good documentation reduces dispute risk and shows compliance for inspections or tribunal claims.

  • Keep dated absence reports and any fit notes or self-certificates.
  • Record payroll entries showing SSP calculations and pay dates.
  • Retain records for at least three years or longer if advised by your accountant or legal adviser.
  • Use a consistent employer policy that explains certification requirements and submission channels.
Written absence policies protect both employer and employee interests.

Penalties & Enforcement

Enforcement for sick pay primarily follows national employment law and dispute mechanisms rather than a London municipal bylaw. Where exact monetary penalties or statutory fines are not listed on the employer guidance page, this guide notes that they are not specified on that official page and directs readers to dispute and inspection routes.

  • Monetary fines: not specified on the cited page.[1]
  • Escalation: first, repeat or continuing offence ranges are not specified on the cited page.
  • Non-monetary sanctions: orders to pay arrears, declarations of unlawful deduction from wages, and tribunal awards are possible under employment law.
  • Enforcer and complaint route: employees may raise concerns with ACAS or bring claims to an Employment Tribunal; see ACAS guidance on options to resolve disputes.[2]
  • Inspections: HM Revenue & Customs and other national regulators may investigate payroll or tax-related matters; check the GOV.UK employer pages for procedures.
If your employer refuses to pay SSP, start by raising the issue in writing and keep a copy.

Appeals, Reviews and Time Limits

  • Employment Tribunal: employees may bring claims for unlawful deduction from wages; specific time limits apply and are set out in tribunal rules or ACAS guidance.[2]
  • Internal review: request a written internal review from the employer as an early step.

Defences and Employer Discretion

  • Defences: employers can rely on factual records showing ineligibility (e.g., insufficient average earnings or not reached qualifying period) or a legitimate payroll error corrected promptly.
  • Reasonable excuse: where an employer can show reasonable steps to comply, this may affect enforcement outcomes.

Common Violations and Typical Outcomes

  • Failure to keep records — typical outcome: requirement to correct records and repay arrears or face tribunal action.
  • Incorrect SSP calculation — typical outcome: pay arrears plus formal complaint or tribunal claim.
  • Refusal to accept valid fit note — typical outcome: written disputes, ACAS early conciliation, or tribunal.

Applications & Forms

There is no single central form to apply for SSP; employers normally pay via payroll and keep records. If specific forms are required for related tax or rebate processes, those forms are published on GOV.UK. The official employer guidance page does not list a standard SSP claim form for employers to submit as a universal requirement.[1]

How-To

  1. Confirm eligibility: check employee average earnings and qualifying period against official guidance.
  2. Collect evidence: request a fit note where appropriate and obtain employee self-certification for short absences.
  3. Record payment: enter SSP in payroll and keep dated documentation of calculations.
  4. Resolve disputes: raise an internal review, use ACAS early conciliation if needed, then consider tribunal proceedings.
  5. Pay arrears promptly when errors are found to reduce enforcement risk and potential awards.
Start ACAS early conciliation before a tribunal claim to potentially avoid a hearing.

FAQ

Who pays Statutory Sick Pay in London?
Employers pay Statutory Sick Pay to eligible employees according to national rules; local London authorities do not set separate SSP rates.
What evidence can my employer ask for?
Employers can ask for a fit note for longer absences and a self-certification for short absences; retain copies in employee records.
What if my employer refuses to pay SSP?
Raise a written complaint, seek ACAS early conciliation and, if unresolved, an Employment Tribunal claim may be possible.

Key Takeaways

  • SSP is governed by national rules; use GOV.UK guidance for employers.
  • Keep orderly records and copies of fit notes and payroll calculations.
  • If disputes arise, use ACAS early conciliation before tribunal action.

Help and Support / Resources

  1. [1] GOV.UK - Statutory Sick Pay
  2. [2] ACAS - Statutory Sick Pay guidance

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