Statutory Sick Pay

Stephen Timms Excerpts

Tuesday 22nd April 2025 Westminster Hall

[The Minister for Social Security and Disability (Sir Stephen Timms)]

I am delighted to serve under your chairmanship, Mr Stuart. I congratulate my hon. Friend the Member for Bradford East (Imran Hussain) on securing this debate and on the thoughtful way he set out his case.

My hon. Friend is absolutely right to highlight the fact that this issue has been dodged for a long time. Proposals for reform of statutory sick pay were brought forward in 2019; they were paused for the pandemic and never brought back. My hon. Friend and I agree that the Government inherited a statutory sick pay system that fosters economic insecurity at work, particularly for the lowest earners. The pandemic exposed just how precarious work and life are for people on low incomes, with many people forced to choose between health, including the health of others, and financial hardship—an impossible position.

My hon. Friend focused on the rate of statutory sick pay, but I want to highlight the actions that the Government are taking to implement the plan to make work pay—the plan that he has referred to and supported—and ensure that the safety net of sick pay is available to those who need it. I think the change will meet exactly the point that the hon. Member for Horsham (John Milne) raised in his intervention.

Insecure, low-paid and irregular work has been the lot of far too many people for far too long. The Employment Rights Bill, which had its Second Reading in the other place just before Easter—I echo my hon. Friend’s tribute to the Under-Secretary of State for Business and Trade, my hon. Friend the Member for Ellesmere Port and Bromborough (Justin Madders)—will turn the tide. It is the biggest upgrade to workers’ rights in a generation. It will boost living standards and improve our economic growth prospects, thanks to urgently needed reforms to our economy.

Through the Bill, we are, as my hon. Friend the Member for Bradford East set out, extending statutory sick pay to those earning below the lower earnings limit, and also removing the waiting period, making it payable from the first rather than the fourth day of sickness absence. I think those two points, and in particular the removal of the waiting period, will address the concern raised by the hon. Member for Horsham. These are very important steps to strengthen statutory sick pay, and I am glad to hear the strong support from my hon. Friend and others for the changes.

I heard my hon. Friend’s calls for further reform of the system, including the call to increase the flat rate. The rate of statutory sick pay is designed to balance providing a basic level of support for employees when they are unable to work due to sickness with helping to manage the cost to employers. It is very important to get that balance right. That is where the debate is likely to focus.

The changes through the Employment Rights Bill mean that up to 1.3 million low-paid employees will now be entitled to statutory sick pay, and all eligible employees will be paid from the first day of sickness absence, benefiting many millions. As part of removing the lower earnings limit we committed to a fair earnings replacement. We consulted on the percentage rate last year, and the conclusion from that exercise—the new rate: 80% of normal weekly earnings or the flat rate, whichever is the lower—strikes the right balance between providing financial security to employees while limiting additional cost to employers. That is important because, as set out in the regulatory impact assessment, the reforms will obviously increase the aggregate amount of sick pay that employees receive—an estimated increase of £420 million per year.

At an individual level, the removal of the waiting period means that all employees will receive at least £60 extra at the start of their sickness absence; if they work just two days a week, they will get £150 extra compared with the current system. Removing the waiting period has the added advantage of making a phased return to work easier, which has always been one of the aims for reforming statutory sick pay. That can be a very effective way of helping people and making it possible for them to return from a period of absence and stay in work, reducing the flow into economic inactivity and the additional costs to business. The change also means that an employee who earns just below the lower earnings limit could now be entitled to up to £100, compared with nothing under the current system.

My hon. Friend the Member for Bradford East set out potential benefits from going further for disabled people and people with health impairments. The concerns he set out are among the reasons we set up the Keep Britain Working independent review, which is being undertaken by Sir Charlie Mayfield, who used to run John Lewis, to consider what employers can do in order better to support disabled people and people with health impairments to work, and what the Government can do to promote improved practices on the part of employers. After conducting an initial phase of “discovery” of the underlying issues, the review has launched a call to all stakeholders to engage with the early review findings and to input views, including via a survey launched on gov.uk. I encourage everyone interested in today’s debate to look at the questions in the survey and respond to it.

My hon. Friend suggested that the system ought to be aligned more closely with the national living wage and referred to the amendment to that effect that he tabled to the Employment Rights Bill on Report. The difficulty is that that would increase costs on business by some £1.3 billion per year on top of the changes that we are already making through the Bill, with no mechanism for employers to reclaim those costs. Given the quite substantial differences in how the national living wage and statutory sick pay are calculated, there would need to be big changes to the statutory sick pay system and further consultation with businesses and employees about that. It would also significantly impact the work and scope of the Low Pay Commission. But the big issue is the additional cost to business of going ahead with a proposal along the lines that my hon. Friend suggests and, for that reason, the Government have decided not to do that.

Sometimes, in debates on this topic—my hon. Friend the Member for Bradford East touched on this—the models for sick pay arrangements in other countries are highlighted. They provide a useful and informative comparison, and it is important to look at them. It is also important to recognise that sick pay arrangements sit within the context of different social security systems, different economies and different employment obligations and protections in different countries, so simply comparing sick pay arrangements can be a bit misleading.

Of course, many employers already go beyond their statutory obligations by offering employees occupational or contractual sick pay. Around 60% of employees report being eligible for such arrangements from their employer during sickness absence, but some people will require further support during a period of sickness absence. They may need additional financial support. They may be able to claim more help through the social security system, in particular universal credit—my hon. Friend mentioned PIP as well—depending on their circumstances. We are determined that that support will continue to be available.

My hon. Friend expressed concern that some employees might receive less under the new system than the current one—a point also raised by my hon. Friend the Member for Leeds East (Richard Burgon). The removal of the waiting period will mean that all employees will be entitled to more statutory sick pay for the first three weeks. My hon. Friend the Member for Bradford East talked about five weeks, but with a significant payment up front there will clearly be a period during which people will receive more. Absences in the first three weeks represent 87% of all sickness absences, according to the Department’s 2023 employee survey. The number who are out of work on statutory sick pay for the longer period beyond the one that my hon. Friend referred to will be quite small. I am certainly not claiming that there will not be anybody, but it will be quite a small number.

The changes we are bringing forward will help stop people being forced to work when they are unwell. They will also support very effectively the lowest paid employees, who will always receive the highest income replacement rate of 80%, having not been supported in the past. An alternative approach to removing the lower earnings limit has been suggested, and my hon. Friend touched on it, but we think that would create a pretty unfair system, because some employees would receive a greater earnings replacement rate—up to 100%—than people earning less than them. In an extreme case, 1p in average weekly earnings could potentially make nearly a £24-a-week difference in entitlement. I do not think that would be the right thing to do, and I think my hon. Friend would recognise that that would not be a very satisfactory state of affairs. I have not seen a model that guarantees that everybody will be better off that does not have that problem. The Department will, I hope later this week, publish a fact sheet on gov.uk that addresses those concerns in more detail.

There has been discussion about whether there should be a rebate to employers to help them with the increased cost of statutory sick pay. There has been a rebate system in the past, but it was rather complicated, it was expensive to administer, it was not always taken up by small employers and it did not encourage employers to support their employees. By contrast, under the new system, employers stand to benefit from increased productivity among their employees offsetting the additional cost, which is reckoned to be about £15 per employee per year.

I again congratulate and thank my hon. Friend for securing this debate. I welcome his thoughtful engagement on the important matters that he has raised, not just in this debate, but in the Chamber on Report of the Employment Rights Bill and, I recall, directly with the Prime Minister. He is raising important points in a constructive and thoughtful way. As the changes to SSP being taken forward through the Employment Rights Bill move closer to implementation, we will continue working closely with employees, trade unions and businesses to deliver a system that is fair, supportive and effective for all. To pick up my hon. Friend’s point, we will monitor the impact of these measures to strengthen statutory sick pay, as well as how SSP is used by employers and how effectively it supports employees. I am grateful for the opportunity to set out the Government’s position and I am sure we will talk about it again.

Motion lapsed (Standing Order No. 10(6)).