Employer Update: Statutory Sick Pay Rebate Scheme
Following on from our previous blog post where we discussed 'The Omicron Variant & The Workplace', it is evident that many employers and employees are still being hugely affected by COVID-19 and as such the topic of the Sick Pay Rebate Scheme has re-appeared. It has been announced that the Sick Pay Rebate Scheme will be reintroduced across the UK with effect from the 14th of January 2022.
The Scheme allows employers with fewer than 250 employees to recover up to two weeks' Statutory Sick Pay for each employee who is unable to work due to Covid-19 in relation to days of absence after the 20th of December 2021 (even if the period of absence began on or prior to this date). The Scheme also extends to employees who are absent due to a requirement to self-isolate. Employers must submit any relevant claims by no later than 24 March 2022. Employers can make more than one claim per employee, but they cannot claim for more than 2 weeks in total.
The online service employers will use to claim back Statutory Sick Pay (SSP) is now available.
Employers are reminded that they must keep the following records for 3 years after the date they receive payment for their claim:
- the dates the employee was off sick
- which of those dates were qualifying days
- the reason they said they were off work – if they had symptoms, someone they lived with had symptoms or they were shielding
- the employee’s National Insurance number
Employers can choose how they keep records of their employees’ sickness absence but it is important these records are kept as the HMRC may need to see these records if a dispute was to arise in relation to over payment of SSP.
Employers will also need to print or save their state aid declaration (from their claim summary) and keep this until the 31st of December 2024.
Other Important Points for Employers to Note:
- It remains a criminal offence for an employer to knowingly allow a worker to attend the workplace when they are required to be self-isolating and as such it is critical that employers understand these new rules and review their policies and procedures accordingly.
- Employers are still under a duty of care to provide a safe system of work for their employees and this includes employees who are clinically vulnerable to Covid-19.
Related Articles:
- The Omicron Variant & The Workplace
- Statutory Sick Pay (SSP) & Isolation
Thousands of underpaid workers benefit from HMRC NMW investigation 6 June 2014
More than 22,000 workers denied the National Minimum Wage (NMW) have received £4.6m in unpaid wages following an HMRC crackdown.
HMRC conducted 1,455 NMW investigations in 2013/14 and found arrears in 47% of cases – the highest strike rate since NMW was introduced.
During the period, HMRC issued 652 financial penalties worth £815,269 and recovered average arrears of around £205 per worker.
Jennie Granger, director of enforcement and compliance at HMRC, said: “Paying the National Minimum Wage is not a choice – it’s the law. HMRC will continue to ensure that workers get at least the wage to which they are legally entitled.
“Where an employer ignores these rules, we will ensure that any arrears are paid out in full and the employer is fined. Rogue employers be warned – we will find you and you will pay.”
In one case a social care provider had not paid its staff for travelling time and other hours worked and was told to repay over £600,000 to almost 3,000 workers.
And a recruitment agency was ordered to pay £167,000 to workers, including some it had classified as unpaid interns.
As a result of the investigations, TUC general secretary Frances O’Grady is calling for further action to be taken by the government and for employers that knowingly underpay their staff to be named and shamed.
“Nearly a million UK workers rely on the national minimum wage, which has become a vital lifeline. There must be no hiding places for companies who flout it.
“The action taken by HMRC is a welcome step but must be the beginning of a concerted campaign that also raises awareness about the right to a legal wage among those being exploited.”
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