Can an employer withhold occupational or statutory sick pay from an employee who is frequently absent from work due to sports injuries?

An employer cannot withhold statutory sick pay (SSP) from an employee who is frequently absent from work due to sports injuries where the employee meets the relevant qualifying conditions for SSP. If the employee provides the required evidence of incapacity, the cause of his or her injuries is irrelevant.

Whether or not the employer can withhold occupational sick pay will depend on the terms of the employment contract. Unless the contract provides for sick pay to be paid at the employer's discretion or specifically allows the employer to withhold sick pay for absence caused by a sports injury, the employer will have to pay occupational sick pay to avoid being in breach of the employee's contract.