Covid-19 / New Job

Cixsteve

I am due to start a new job on Sunday 2nd January 2022. I have signed the contract with the start date, however yesterday I tested positive for Covid-19. My current employer will pay sick pay until 1st January. 
Is my new employer obliged to pay sick pay from my contract start even though I haven't yet started? 

Brie

unlikely they will but that will depend on your contract and the conditions of employment.  you may be just eligible for statutory sick pay - not much but better than nothing.

Cixsteve

Job is salaried and sick pay is salary rate, its typical, I've had no sick days in 20 years and just as I go for a change of career this happens. I've done retail for the whole of covid as well 😭

General_Grant

Cixsteve said:

Job is salaried and sick pay is salary rate, its typical, I've had no sick days in 20 years and just as I go for a change of career this happens. I've done retail for the whole of covid as well 😭

If you have the company's written sick pay terms, does the word "discretionary" (or similar) appear?

chrisbur

Brie said:

unlikely they will but that will depend on your contract and the conditions of employment.  you may be just eligible for statutory sick pay - not much but better than nothing.

SSP would appear not be payable by the new employer.  To qualify for SSP you must have done some work for the employer.  This rule appears not to have changed due to covid as far as I can see.  The old employer should be issuing an SSP1 form advising that SSP is no longer being paid and this will give details of anything that can be claimed.  

EDIT
For information link to SSP1 see section D for benefit details

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1023863/ssp1-interactive.pdf

TELLIT01

As chrisbur has mentioned, there will be no entitlement to SSP from the new employer.  From gov. uk "have an employment contract · have done some work under their contract · have been sick for 4 or more days in a row".  There is generally a qualifying period before any entitlement to company sick pay so I doubt that will be payable either. 

Undervalued

General_Grant said:

Cixsteve said:

Job is salaried and sick pay is salary rate, its typical, I've had no sick days in 20 years and just as I go for a change of career this happens. I've done retail for the whole of covid as well 😭

If you have the company's written sick pay terms, does the word "discretionary" (or similar) appear?

This is the key point as far as any company sick pay is concerned. These days it would be most unusual for company sick pay not to be discretionary.

As Chrisbur point out in the following post there is no entitlement to SSP as you have done no work for the new employer (as yet).

All that said, they may well opt to pay you in full. Equally they could almost certainly lawfully not pay you anything at all. Only they can tell you what they will opt to do.

CKhalvashi

We would in this situation theoretically explore work from home options as a first step, before looking to 'boost' the 2nd pay packet subject to everything being satisfactory.

That said, we haven't recruited during Covid and currently are sitting on a surplus of staff, so this is a highly theoretical situation.

Ultimately legally, this will be up to the employer.