SPM10515 - Statutory Sick Pay (SSP) - Employees who cannot receive SSP when they go sick

Employee in legal custody

Regulation 3 of the Statutory Sick Pay (General) Regulations 1982

An employee is not entitled to SSP if they are in legal custody at any time on or after the first day of the PIW.

Legal custody means being kept in custody by the police or being in prison. It does not include helping the police voluntarily with their enquiries.

Where an employee is released from legal custody on bail, they are no longer considered to be in legal custody.

If the employee has been excluded from SSP because of being in legal custody, SSP cannot resume in that PIW, or any linked PIWs.