Author: Stephen Simpson
When to use this prescribed SSP1 form
Use this prescribed form to explain to a sick employee who is not entitled to statutory sick pay why he or she is not eligible.
How to use this document
This is an example document and should be adapted to suit your circumstances.
Law relating to this document
Leading statutory authority
Statutory Sick Pay (General) Regulations 1982 (SI 1982/894)
Social Security Administration Act 1992
Social Security Contributions and Benefits Act 1992
Statutory Sick Pay (General) (Amendment) Regulations 2008 (SI 2008/1735)
If an employee who is not entitled to statutory sick pay is off sick, his or her employer must provide a written explanation on a prescribed SSP1 form, or its own computerised version of the form, of why the employee is not eligible. This will enable the employee to claim other benefits, such as employment and support allowance.
The SSP1 form sets out the reasons why an employee may not be entitled to statutory sick pay. These include:
- the employee has exhausted his or her entitlement to statutory sick pay;
- the employee has claimed employment and support allowance in the previous 12 weeks;
- the employee's contract of employment has ended;
- the employee is being paid statutory maternity pay or maternity allowance; and
- the employee's average weekly earnings were less than the lower earnings limit for the eight weeks before he or she went off sick.
If an employee who goes off sick is not entitled to statutory sick pay, the employer must issue the SSP1 form no later than the seventh calendar day after the sickness has been notified.
If an employer knows that an employee will still be sick when his or her entitlement to statutory sick pay is exhausted, it should issue the SSP1 form on or before the 42nd day before statutory sick pay is expected to end.
This version of the SSP1 form reflects the introduction of employment and support allowance on 27 October 2008. It should be completed where statutory sick pay has been paid and ends on or after 26 October 2008, or where there is no entitlement to statutory sick pay on or after 27 October 2008. However, where the employee's entitlement to statutory sick pay ends before the introduction of employment and support allowance, the old version must be used.
Employers can produce and use their own computerised or paper versions of the SSP1 form. There is no formal approval process but they must include all the information on the original SSP1 form.