Can Employers make you claim Statutory Sick Pay if they have had to close due to coronavirus

Amy_0302

If an employer has been made to close due to coronavirus, can the employer make the employee claim Statutory Sick Pay? It seems that a few companies are avoiding the governments 80% help by making employees claim SSP. Are they allowed to do this? Is there an advice line to speak to someone regarding this?

calcotti

The Job Retention Scheme is voluntary. It is available to employers if they qualify and wish to use it. They are under no obligation to do so. Whether they can force you to accept SSP is another matter. 
https://www.acas.org.uk/coronavirus/if-the-employer-needs-to-close-the-workplace

7Phil

It makes me sad that employers are refusing to furlough even though they could. That goes directly against the spirit of the intention of the scheme and is as irresponsible as people going out congregating in public.

Amy_0302

Thanks for the reply @calcotti , that's the bit i'm struggling with. There doesn't seem to be any information around whether they can force you to use SSP - many companies are doing this though and it doesn't seem fair!

Amy_0302

So i've just spoke with ACAS. Employers can't force employees to use SSP. The Employees firstly need to check their contracts for a 'lay off' clause, then they need to advise the employers that they expect full pay as they aren't sick. If the employer doesn't pay full then the employee is required to put in writing a date they expect the rest of the money to be paid by. If the Employer still doesn't pay the money owed, call ACAS on 03001231100. Hope this helps others out there.

richo78

"Furlough leave Staff will not be "furloughed" while absent from work as a result of medical advice and selfisolation guidance
They are receiving statutory sick pay". That was on my furlough notice letter. Can anyone tell me if this is correct?

calcotti

richo78 said:

"Furlough leave Staff will not be "furloughed" while absent from work as a result of medical advice and selfisolation guidance
They are receiving statutory sick pay". That was on my furlough notice letter. Can anyone tell me if this is correct?

Already covered numerous times in other threads. Amy's post above references useful information from ACAS.
If your household income has dropped look at Universal Credit. https://www.citizensadvice.org.uk/benefits/universal-credit/   There are online calculators to help you assess entitlement  https://www.gov.uk/benefits-calculators