SPM10550 - Statutory Sick Pay (SSP) - Employees who cannot receive SSP when they go sick: Trade dispute

An employee who is away from work because of a trade dispute at their place of employment on the first day of a PIW, is not entitled to SSP unless the employee:

• had no direct interest in the dispute, and
• did not take part in it at any time up to and including that point.

In those circumstances, SSP can be payable.

A trade dispute means:

• a strike
• a walkout
• a lockout, or
• any other dispute about work.

Linked PIWs count as one therefore it is the situation at the start of the first PIW that counts when deciding SSP liability.

If an employee is ‘laid-off’ because of an industrial dispute elsewhere, for example at a supplier of the employer, but their contract of service continues, SSP will be payable if they satisfy the other qualifying conditions, unless they have a direct interest in the dispute.