How To Claim Unpaid Statutory Sick Pay: 5 Steps for Employment Tribunal Success

Were you off sick and denied the statutory sick pay you were entitled to, leaving you out of pocket during a tough time?

Understanding Statutory Sick Pay Claims and Your Rights

Statutory sick pay claims can help you recover money owed when your employer fails to pay what the law requires during illness. Under UK law, specifically the Employment Rights Act 1996 and related regulations, most employees qualify for Statutory Sick Pay (SSP) if they meet basic criteria like earning enough and notifying their employer properly. If unpaid, this amounts to an unlawful deduction from wages, opening the door to an employment tribunal claim.

Making statutory sick pay claims through the tribunal process requires careful steps to build a strong case. Many workers overlook their sick pay rights UK-wide, but with the right approach, you can enforce them effectively. This guide outlines five key steps tailored for self-representation, ensuring you understand timelines and evidence needs from the start.

Whether it’s a short illness or longer absence, knowing how to pursue an unpaid sick pay claim empowers you to act swiftly, as time limits are strict – typically three months minus one day from the deduction.

Step 1: Confirm Your SSP Eligibility

To qualify for SSP, you must be an employee (not self-employed or a worker in some cases), have average weekly earnings of at least the Lower Earnings Limit – currently around £123 – and be incapable of work due to sickness for four or more consecutive days, including non-working days. The first three days are waiting days with no pay, after which SSP kicks in at £116.75 per week (rates as of April 2024) for up to 28 weeks.

Employers sometimes wrongly deny SSP claiming low earnings or improper notification, but SSP eligibility tribunal cases often succeed if records show compliance. For example, if you provided a sick note after day 7 or notified verbally as per company policy, you likely qualify. Check your payslips and contract against SSP rules under the Social Security Contributions and Benefits Act 1992.

• Average earnings over 8 weeks before sickness ≥ Lower Earnings Limit
• Sickness period ≥ 4 days in a row
• Proper notification to employer (self-cert for first 7 days)
• No exclusion like being over state pension age

Step 2: Gather Evidence and Notify Your Employer

Start by compiling payslips showing earnings above the threshold, self-certificates or fit notes from your GP, and any emails or records of notifying your employer about absence. Request a written statement from your employer explaining why they withheld SSP – this often reveals errors like miscalculating waiting days.

In SSP employment tribunal cases, evidence of worker sick leave pay denial is crucial. For instance, if your employer said you weren’t eligible due to part-time hours but your average met the limit, highlight this discrepancy. Keep records of any informal discussions too, as they support your narrative.

• Sick notes and self-certificates
• Payslips pre- and post-sickness
• Emails/texts notifying absence
• Employer correspondence on SSP refusal
• Contract or handbook on sick pay policy

Step 3: Raise a Formal Grievance

Write a grievance letter detailing the unpaid SSP dates, your eligibility, calculations of owed amount (SSP rate x weeks minus waiting days), and request payment plus interest. Send it recorded delivery and invite a meeting. This step shows you’ve tried internal resolution, strengthening recover statutory sick pay efforts at tribunal.

Under the ACAS Code, employers must respond reasonably. If they ignore or reject without good reason, it bolsters your ERA 1996 sick pay claim. Real-world example: A warehouse worker recovered £1,500 after grievance revealed payroll error.

1. Write clear grievance letter citing SSP rules
2. Request meeting and response within 7-14 days
3. Attend meeting with evidence; take notes
4. Appeal if outcome unsatisfactory

Step 4: Start ACAS Early Conciliation

If grievance fails, notify ACAS online within three months minus one day from the last unpaid SSP day. Provide claim details; they’ll contact your employer. Most cases settle here, avoiding tribunal stress. The conciliation period (up to 6 weeks) doesn’t count towards your deadline.

SSP eligibility tribunal disputes often resolve via phone negotiations. If no agreement, get your Early Conciliation certificate to proceed – essential for filing.

1. Submit EC form on ACAS website
2. Cooperate with conciliator’s calls
3. Negotiate realistic settlement (SSP + interest)
4. Request certificate if no deal

Step 5: Lodge Your Employment Tribunal Claim and Prepare

Use the EC number on your ET1, selecting ‘unlawful deduction of wages’. Detail facts, remedy sought (back pay, interest), and attach evidence. Serve on employer; attend case management if needed.

Prepare by organising a bundle: chronology, documents, witness statement. Tribunals favour clear self-represented claimants. Success rates high for straightforward unpaid sick pay claims if evidenced well.

Awards include SSP arrears, possibly compensation for losses, taxed as earnings.

• ET1 facts: who, what, when, evidence refs
• Remedy: exact SSP calculation
• Hearing prep: practice statement

1. Download/complete ET1 form
2. Pay no fee; submit to tribunal
3. Respond to ET3 defence
4. Attend preliminary/full hearing

Secure Your Sick Pay Rights: Next Steps After These 5 Stages

Following these five steps maximises your chances in statutory sick pay claims, from eligibility checks to tribunal victory. Many recover full amounts without a hearing, saving time and stress.

Remember, unpaid SSP is unlawful under UK law – don’t let employer errors cost you. Consult free resources and act promptly to enforce your sick pay rights UK-wide.

If successful, expect payment within 42 days; appeal options exist if needed.