Thread by @daniel_barnett

1/ Why Matt Hancock is wrong about self-isolating employees being eligible for SSP. A thread…

2/ To be eligible for SSP, an employee has to have a 4 day Period of Incapacity for Work, made up of four Days of Incapacity for Work.

Section 151(4) of the Social Security Contributions and Benefits Act 1992 (legislation.gov.uk/.../1992/4/sec…) states:-

3/ "...a day shall not be treated as a day of incapacity ... unless... the employee concerned is... incapable by reason of some specific disease or bodily or mental disablement of doing work which he can reasonably be expected to do under that contract."

4/ Is self-isolation a "specific disease or bodily or mental disablement of doing work"? I don't think so. It would require very, very generous wording of that section to bring self-isolation within it.

BUT - importantly - s151(6) provides:

5/ "141(6)Circumstances may be prescribed in which, notwithstanding the provisions of subsections (1) to (5) above, the liability to make payments of statutory sick pay is to be a liability of the Secretary of State."

In other words, Matt Hancock could issue Regulations DEEMING self-isolation to be eligible for SSP.

But he hasn't done so yet.

7/ UPDATE: I have received a long email from Emma Ahmed of Hill Dickinson, who has persuaded me I am - at least in part - wrong.

She has drawn my attention to some further legislation, including these new Regulations - legislation.gov.uk/uksi/2020/129/…

8/ The correct position (and Matt Hancock's statement was more correct than I thought) seems to be:-

- if someone is given this information sheet, issued by Public Health England, by their GP - gov.uk/government/pub… - then they *ARE* entitled to SSP

9/
- but is someone chooses to self-isolate, or is not given written notice, then they are not entitled to SSP.

Complicated, eh?

10/ Here is Emma Ahmed's full email to me, which is superior to any summary I can put together (reproduced with her permission) employmentlawbulletins.com/wp-content/upl…