SPM60325 – Disputes, Decisions, Reviews and Appeals - The formal decision

Evidence for SSP and PTS

Evidence and representations must be collected from both parties to make a decision. This means that there may be conflicting evidence or interpretations of events by the employer and employee, particularly with regard to incapacity for work. Before the decision can be given the evidence must be considered impartially and, if necessary, independent advice, for example from Medical Services, should be obtained. Depending upon the nature of the dispute, the evidence will include a selection of the following:


  • self-certificate for first 7 days of absence, see SPM10310, SPM10415
  • medical certificates for absences longer than 7 days, see SPM10415
  • independent medical reports see SPM50325
  • employment record:
  • were they employed on first day of incapacity
  • when did employment end
  • were they an agency or short contract worker
  • is there a status report, opinion or decision
  • wages records:
  • amount of earnings during the relevant period to calculate AWE, see SPM10605
  • did they receive occupational sick pay
  • were normal wages paid
  • has any SSP been paid
  • the total amount of NICs and SSP paid in the relevant month for PTS calculation
  • sickness records:
  • was a PIW formed, see SPM10135
  • are there any linking PIWs, see SPM10135
  • has SSP been exhausted, see SPM10130
  • details of frequent absences of 7 days or less