UK Statutory Sick Pay Is Inadequate

Statutory sick pay arrangements in the UK are in breach of legal obligations under the European Social Charter, according to the Council of Europe.

Key Findings of the ECSR Report

A report by the Council’s European Committee of Social Rights (ECSR) found:

• Many sick individuals receive less than 40% of the UK median income, despite potential additional benefits.
• The current levels of sick pay and employment support allowance are “manifestly inadequate” under EU law.
• Changes to exclude certain self-employed workers from the Health and Safety at Work Act 1974 are discriminatory and breach EU regulations.

For further discussion on sick pay provisions and recommendations, see our detailed analysis of UK Statutory Sick Pay.

Discriminatory Exemptions for the Self-Employed

In 2015, the UK Government amended health and safety legislation so that only self-employed individuals whose activities pose risks to others remain covered. The ECSR criticized this change, stating:

“All workers, including the self-employed, must be covered by health and safety at work regulations as long as employed and self-employed workers are normally exposed to the same risks.”

Learn more about managing occupational sick pay schemes in our comprehensive guide.

Government Response and Future Rates

A Department for Work and Pensions spokesman told the Guardian that the UK’s welfare system “is among the best in the world,” spending over £90 billion annually to support working-age individuals.

From 6 April, the statutory sick pay (SSP) rate will rise from £89.35 to £92.05 per week. To qualify for SSP, an employee must earn at least the lower earnings limit of £116 per week. Statutory maternity, paternity, shared parental leave, and adoption rates will also increase.

Additional Resources

• Sickness Absence and Sick Pay: Health (England and Wales)
• How to Introduce and Manage an Occupational Sick Pay Scheme

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