Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what steps he is taking to help ensure that discretionary sick pay arrangements do not disadvantage disabled workers.

Employers have a statutory duty to pay Statutory Sick Pay (SSP) to employees who satisfy the qualifying criteria. They can offer occupational or discretionary sick pay to their employees at a higher rate than the statutory minimum, but may place limits on eligibility or duration. Employers are not required to offer occupational sick pay, but must still pay SSP to eligible employees.

When setting discretionary sick pay policies within their organisation, employers need to ensure that these are not discriminatory, for example against disabled workers and that they comply with employment laws and the Equality Act 2010. Employees are able to access free, confidential advice if they have concerns about their employer’s company sick pay policy and any aspect of employment law by contacting ACAS.