Modifications etc. (not altering text)
C1Power to modify Pt. I (ss. 1–27) conferred by Social Security Act 1986 (c. 50, SIF 113:1), s. 17(1)
C2Power to amend Pt. I (ss. 1–27) conferred by Social Security Act 1986 (c. 50, SIF 113:1), s. 54(1)
(1)Where an employee has a day of incapacity for work in relation to his contract of service with an employer, that employer shall, if the conditions set out in sections 2 to 4 of this Act are satisfied, be liable to make to him, in accordance with the following provisions of this Part, a payment (to be known as “statutory sick pay”) in respect of that day.
(2)Any agreement shall be void to the extent that it purports—
(a)to exclude, limit or otherwise modify any provision of this Part; or
(b)to require an employee to contribute (whether directly or indirectly) towards any costs incurred by his employer under this Part.
(3)For the purposes of this Part a day shall not be treated as a day of incapacity for work in relation to any contract of service unless on that day the employee concerned is, or is deemed in accordance with regulations to be, incapable by reason of some specific disease or bodily or mental disablement of doing work which he can reasonably be expected to do under that contract.
(4)In any case where an employee has more than one contract of service with the same employer the provisions of this Part shall, except in such cases as may be prescribed and subject to the following provisions of this Part, have effect as if the employer were a different employer in relation to each contract of service.
[F1(5)Circumstances may be prescribed in which, notwithstanding the foregoing provisions of this section, the liability to make payments of statutory sick pay is to be a liability of the Secretay of State.
(6)Any sums paid under regulations made by virtue of subsection (5) above shall be paid out of the National Insurance Fund.]
Textual Amendments