- he has no direct involvement in the dispute; and
- he did not take part in it at any time up to and including the first day of sickness.
In this issue, we take a look at the interaction of Statutory Sick Pay (SSP) with some rare employee circumstances. How does SSP interact with an employee in police custody? If your employee, at any time on the first day of his/her ‘Period of Incapacity for Work’ (PIW) is in legal custody, he/she is not entitled to any payment of Statutory Sick Pay for the whole of that PIW. A PIW is a period of time during which the employee is sick for a period of four days or more (these days do not have to be working days). So, if your employee is in legal custody at any time on the first day of his/her illness, and this illness lasts for 4 days or more (the fourth day being the point where SSP would normally commence), your employee would receive no SSP for the entirety of that PIW. If your employee is taken into legal custody during a PIW and the employee is already in receipt of SSP, your obligation to pay SSP will stop from the time the custody begins and the employee will receive no more SSP for the rest of that PIW. And what about if he is on strike? If your employee becomes sick during a strike, he is not entitled to receive SSP unless he can show that: