Statutory Maternity Pay and Leave: employer guide

Entitlement

Statutory Maternity Leave

Eligible employees can take up to 52 weeks’ maternity leave. The first 26 weeks is known as ‘Ordinary Maternity Leave’, the last 26 weeks as ‘Additional Maternity Leave’.

The earliest that leave can be taken is 11 weeks before the expected week of childbirth, unless the baby is born early.

Employees must take at least 2 weeks after the birth (or 4 weeks if they’re a factory worker).

Statutory Maternity Pay (SMP)

SMP for eligible employees can be paid for up to 39 weeks, usually as follows:

the first 6 weeks: 90% of their average weekly earnings (AWE) before tax

the remaining 33 weeks: £151.97 or 90% of their AWE (whichever is lower)

Tax and National Insurance need to be deducted.

Use the SMP calculator to work out an employee’s maternity leave and pay.

Some employment types like agency workers, directors and educational workers have different rules for entitlement.

Extra leave or pay

You can offer more than the statutory amounts if you have a company maternity scheme. You must make sure your maternity leave and pay policies are clear and available to staff.

If the baby is born early

Leave starts the day after the birth if the baby is born early.

The employee must give you the child’s birth certificate or a document signed by a doctor or midwife that confirms the actual date of birth.

You must write to them confirming the new end date for their leave.

For very premature births where the child is born 15 weeks or more before the due date, you’ll need to calculate SMP using your payroll software (if it has this feature) or work it out manually.

If the baby dies

Employees still qualify for leave or pay if the baby:

is stillborn after the start of the 24th week of pregnancy

dies after being born

Employment rights

An employee’s employment rights (like the right to pay, holidays and returning to a job) are protected during maternity leave.

You still have to pay SMP even if you stop trading.

Eligibility and proof of pregnancy

Some employees will not qualify for both leave and pay.

Statutory Maternity Leave

Employees must:

have an employment contract - it does not matter how long they’ve worked for you

give you the correct notice

Statutory Maternity Pay (SMP)

Employees must:

be on your payroll in the ‘qualifying week’ - the 15th week before the expected week of childbirth

give you the correct notice

give you proof they’re pregnant

have been continuously employed by you for at least 26 weeks up to any day in the qualifying week

earn at least £120 a week (gross) in an 8-week ‘relevant period’

If your employee usually earns an average of £120 or more a week, and they only earned less in some weeks because they were paid but not working (‘on furlough’) under the Coronavirus Job Retention Scheme, they may still be eligible.

Use the maternity pay calculator to check an employee’s eligibility and work out their relevant period, notice period and statutory maternity pay.

There are special rules for some employee situations (for example if they leave, become sick or their baby is born before the qualifying week).

Proof of pregnancy

You must get proof of the pregnancy before you pay SMP. This is usually a doctor’s letter or a maternity certificate (known as an MATB1 certificate). Midwives and doctors usually issue these 20 weeks before the due date.

The employee should give you proof within 21 days of the SMP start date. You can agree to accept it later if you want. You do not have to pay SMP if you have not received proof of the due date 13 weeks after the SMP start date.

You must keep records of the proof of pregnancy.

Employees not entitled to SMP may be able to get Maternity Allowance instead.

Notice period

Notice does not have to be in writing unless you request it.

Statutory Maternity Leave

At least 15 weeks before the baby is expected, your employees must tell you the date that:

the baby is due

they want to start their maternity leave - they can change this with 28 days’ notice

You must then confirm their leave start and end dates in writing within 28 days.

Employees can change their return to work date if they give 8 weeks’ notice.

You cannot refuse maternity leave or change the amount of leave your employees want to take.

Statutory Maternity Pay (SMP)

Your employees must give you 28 days’ notice of the date they want to start their SMP. This is usually the same date they want to start their leave.

You can refuse to pay SMP if your employee does not give you this notice and they do not give you a reasonable excuse.

Refuse pay form SMP1

You can refuse Statutory Maternity Pay (SMP) if the employee does not qualify. They may be able to get Maternity Allowance instead.

To refuse it, give the employee the SMP1 form within 7 days of your decision. They must get this form within 28 days of their request for Statutory Maternity Pay or the birth (whichever is earlier).

Record keeping

You must keep records for HM Revenue and Customs (HMRC), including:

proof of pregnancy - usually a doctor’s note or a MATB1 certificate (a photocopy is fine)

the date SMP began

your SMP payments (including dates)

the SMP you’ve reclaimed

any weeks you did not pay and why

You must keep records for 3 years from the end of the tax year they relate to, for example by using form SMP2 or keeping your own records.

Help with statutory pay

For financial help with statutory pay, you can:

reclaim payments (usually 92%)

apply for an advance if you cannot afford payments


Statutory Parental Bereavement Pay and Leave: employer guide

Overview

An employee may be eligible for Parental Bereavement Leave and Statutory Parental Bereavement Pay if they or their partner either:

has a child who has died under 18 years old

had a stillbirth after 24 weeks of pregnancy

The death or stillbirth must have happened on or after 6 April 2020.

This guide is also available in Welsh (Cymraeg).

Statutory Parental Bereavement Leave

An employee can take 2 weeks’ leave from the first day of their employment for each child who has died or was stillborn.

They can choose to take:

2 weeks together

2 separate weeks of leave

only one week of leave

The leave:

can start on or after the date of the death or stillbirth

must finish within 56 weeks of the date of the death or stillbirth

Taking leave with other types of statutory leave

If the employee was on another type of statutory leave when the death or stillbirth happened, Parental Bereavement Leave must start after that other leave has ended. This includes if the statutory leave is for another child.

If an employee’s Parental Bereavement Leave is interrupted by the start of another type of statutory leave, they can take their remaining entitlement to Parental Bereavement Leave after that other leave has ended.

The remaining Parental Bereavement Leave must still be taken within 56 weeks of the date of death or stillbirth.

Parental Bereavement Leave can be taken between blocks of shared parental leave which had already been booked when the child died, even if the shared parental leave is for another child.

Statutory Parental Bereavement Pay

Statutory Parental Bereavement Pay for an eligible employee is either £151.97 a week or 90% of their average weekly earnings (whichever is lower). Tax and National Insurance need to be deducted.

Calculate an employee’s Statutory Parental Bereavement Pay using Basic PAYE tools or guidance on manual calculation.

Some employment types, like agency workers, directors and educational workers, have different rules for entitlement.

Extra leave or pay

Your company can offer more leave and pay but you can only recover 2 weeks’ payment for each employee and for each death.

You should make sure your Parental Bereavement Leave and Statutory Parental Bereavement Pay policies are clear and easily accessible to staff.

Employment rights

An employee’s rights (like the right to pay rises, holidays and returning to a job) are protected during Parental Bereavement Leave.

You still have to pay Statutory Parental Bereavement Pay even if you stop trading.

Eligibility

To qualify for Parental Bereavement Leave and Statutory Parental Bereavement Pay, an employee must meet the criteria both as a parent (including if they had day to day responsibility) and an employee. They might not be eligible for both.

If the employee was the child’s parent or the parent’s partner

An employee will be eligible if, at the time of the child’s death or stillbirth, they were:

the child’s or baby’s parent - either biological, adoptive or parent of a child born to a surrogate

the partner of the child’s or baby’s parent

Biological parents are not eligible once an adoption or parental order has been made unless there was a contact order in place after the adoption.

If the employee was not the child’s parent but had day to day responsibility for the child

An employee may be eligible if they or their partner had:

the child or baby living with them at their home for 4 continuous weeks, ending with the date of the death

day to day responsibility for the child or baby’s care during that time

If the employee or their partner was paid to look after the child, they’re not entitled to leave or pay unless they were:

a foster parent paid a fee or allowance by a local authority

reimbursed for expenses to do with the care of the child or baby

getting payments under the terms of a will or trust for the child or baby’s care

An employee is not eligible if one of the child or baby’s parents or someone who had parental responsibility (parental responsibilities in Scotland) for the child was also living in the household.

If the employee was an adoptive parent

If they or their partner was an adoptive parent, an employee is eligible:

after the adoption order was granted

before the adoption order was granted, if the child was placed with them for adoption and the placement was not disrupted (for example, being temporarily placed elsewhere) or stopped

If the employee was an adoptive parent of a child from outside the United Kingdom

If the employee or their partner was adopting a child from outside the United Kingdom and the court order had not yet been made, they may still be eligible. Both of the following must apply:

the child was living with them after entering Great Britain

they have the ‘official notification’ confirming they were allowed to adopt

If the employee had a baby with the help of a surrogate parent

If they or their partner were a parent of a child born to a surrogate, an employee is eligible:

after a parental order was made

before a parental order was made if they had applied or intended to apply for a parental order within 6 months of the child’s birth and expected it to be granted

Parental Bereavement Leave

To get Parental Bereavement Leave, the employee must also:

be classed as an employee - it does not matter how long they’ve worked for you

give you the correct notice for Parental Bereavement Leave

Statutory Parental Bereavement Pay

To get Statutory Parental Bereavement Pay, the employee must have been continuously employed by you for at least 26 weeks up to the end of the ‘relevant week’. The ‘relevant week’ is the week (ending with a Saturday) immediately before the week of the death or stillbirth.

They must also:

remain employed by you up to the day the child dies or is stillborn

earn on average £120 a week (gross)

give you the correct notice for Statutory Parental Bereavement Pay

If your employee usually earns an average of £120 or more a week, and they only earned less in some weeks because they were paid but not working (‘on furlough’) under the Coronavirus Job Retention Scheme, they may still be eligible.

Use the guidance on manual calculation to check entitlement and to work out the relevant week.

There are special rules for some employee situations, for example if they leave or become sick.

Notice period

An employee must give notice for Parental Bereavement Leave as well as evidence for Statutory Parental Bereavement Pay.

Parental Bereavement Leave

An employee has 56 weeks to take Parental Bereavement Leave. This starts from the date of the child’s death.

The 56 weeks is split into 2 periods:

from the date of the death or stillbirth to 8 weeks after

9 to 56 weeks after the date of the death or stillbirth

They can take 2 weeks’ leave in one block or as 2 separate blocks of one week.

You must get notice from the employee before they take Parental Bereavement Leave. How much notice depends on when they’re taking leave.

0 to 8 weeks after the child’s death or stillbirth

An employee must give you notice before the time they would normally start work on the first day of the period they want to take off work.

9 to 56 weeks after the child’s death or stillbirth

An employee must give you at least one week’s notice before the start of the week or weeks they want to take off work.

How employees should give you notice

They should tell you:

the date of the child’s death or stillbirth

when they want their Parental Bereavement Leave to begin

how much leave they are taking - either 1 or 2 weeks

An employee can give you notice informally, for example by phone, text message or email.

You cannot ask for:

notice for leave in writing (such as following up with an email, letter or form)

notice to cancel leave in writing

evidence of entitlement for leave

details about the employee’s relationship to the child or baby

Cancelling Parental Bereavement Leave

An employee can cancel their Parental Bereavement Leave if they’ve given you more than the required notice for taking leave.

If they were starting the leave within 8 weeks of the death or stillbirth, they must let you know about the cancellation no later than the time they would normally start work on the first day of planned leave.

If they were starting the leave 9 weeks or later after the death or stillbirth, they must let you know no later than one week before the start of the planned leave.

They can rebook another week’s leave if they cancel before the leave was due to start and they give you the correct notice.

Statutory Parental Bereavement Pay

An employee must ask for Statutory Parental Bereavement Pay within 28 days, starting with the first day of the week they want to claim pay for.

They must give you in writing (for example, a letter or email) each time:

the dates of the period the want to claim Statutory Parental Bereavement Pay

their name

The employee will also need to give you a self declaration to confirm they are eligible because of their relationship to the child or baby - they only need to provide this once when they first ask for pay.

Cancelling Statutory Parental Bereavement Pay

An employee can cancel their Statutory Parental Bereavement Pay if they’ve given you more than the required notice for claiming pay.

If their pay was due to start within 8 weeks of the child’s death or stillbirth, they must give you notice on the first day of the week of pay they want to cancel.

If their pay was due to start 9 weeks or later after the child’s death or stillbirth, they must tell you they want to cancel one week before their pay was due to start.

Non-payment form

You can refuse Statutory Parental Bereavement Pay if the employee does not qualify.

To do this, send them a completed non-payment form (SPBP1) or your own equivalent form within 28 days of their pay request with evidence. You should keep a record of the week which was refused and the reason why.

If an employee is unhappy with your decision, they can contact the HMRC Statutory Payments Disputes Team. They must do this within 6 months of the start date of the Statutory Parental Bereavement Pay period they claimed.

Record keeping

You must keep records for HM Revenue and Customs (HMRC), including:

the start date for any period Statutory Parental Bereavement Pay was paid

the payments you’ve made (including dates)

a copy of the evidence of entitlement  from the employee for Statutory Parental Bereavement Pay including their written declaration, name and date of the child’s death or stillbirth

details of any weeks the employee claimed Statutory Parental Bereavement Pay but you did not pay and the reason why

You must keep records for 3 years from the end of the tax year they relate to.

You can use HMRC’s record keeping form (SPBP2) or your own.

Get help with statutory pay

For financial help with statutory pay, you can:

reclaim payments

apply for an advance if you cannot afford payments

Apply for an advance if you cannot afford payments

You can apply online for an advance to pay for an employee’s Statutory Parental Bereavement Pay.

Before you start, you’ll need:

your employer PAYE reference

your payment or account office reference numbers - this is on the letter when you first registered as an employer

the amount of tax or National Insurance owed to HM Revenue and Customs (HMRC)

bank or building society details for you or the third party it’s being paid to

a completed R38 form if the advance is being paid to a third party

You’ll also need information about the employee including their:

National Insurance number

average weekly earnings

parental bereavement leave and pay arrangements - you can get this information from their self declaration

Your advance can be paid either by BACS or payable order.

Contact HMRC if you’ve got questions about advance payments.

Apply online

Apply online for an advance if you have a Government Gateway user ID and password.

If you do not have a Government Gateway user ID and password, you can apply online for an advance using a valid email address.

After you’ve applied

If the advance is being paid to a third party and you’re sending a completed R38 form by post, send it to HMRC within 4 weeks of applying for an advance.

Once your application has been approved, the money will be paid to the bank or building society account you provided or you’ll be sent a cheque (payable order), depending on which payment option you chose.

If there are any issues with your application, HMRC will contact you directly.

Paying back your advance payment

You’ll need to pay back your advance payment through Employer Payment Summary (EPS).


Statutory Paternity Pay and Leave: employer guide

Entitlement

Employees may be eligible for Statutory Paternity Leave and Pay if they and their partner are:

having a baby

adopting a child

having a baby through a surrogacy arrangement

Statutory Paternity Leave

Employees can choose to take either 1 week or 2 consecutive weeks’ leave. The amount of time is the same even if they have more than one child (for example twins).

Leave cannot start before the birth. The start date must be one of the following:

the actual date of birth

an agreed number of days after the birth

an agreed number of days after the expected week of childbirth

Leave must finish within 56 days of the birth (or due date if the baby is early). The start and end dates are different if the employee is adopting.

Statutory Paternity Pay

Statutory Paternity Pay for eligible employees is either £151.97 a week or 90% of their average weekly earnings (whichever is lower). Tax and National Insurance need to be deducted.

Some employment types, like agency workers, directors and educational workers, have different rules for entitlement.

Extra leave or pay

Employees can get more leave or pay if:

their partner returns to work and they qualify for Shared Parental Leave and Pay

your company scheme offers more

You must make sure your paternity leave and pay policies are clear and easily accessible to staff.

Leave for antenatal appointments

Employees can take unpaid leave to accompany a pregnant woman to antenatal appointments if they are:

the baby’s father

the expectant mother’s spouse or civil partner

in a long term relationship with the expectant mother

the intended parent (if they’re having a baby through a surrogacy arrangement)

They can accompany the woman to 2 appointments of up to 6 and a half hours each.

If the baby dies

Employees still qualify for paternity leave and pay if the baby is either:

stillborn from 24 weeks of pregnancy

born alive at any point in the pregnancy but later dies

Employment rights

An employee’s employment rights (like the right to pay, holidays and returning to a job) are protected during paternity leave. You still have to pay Statutory Paternity Pay even if you stop trading.

Eligibility

Employees must be one of the following, the:

father

husband or partner of the mother (or adopter)

child’s adopter

Employees must also:

be classed as an employee (paternity leave only)

be employed by you up to the date the child is born (or placed with the adopter) (paternity pay only)

be on your payroll and earn at least £120 a week (gross) in an 8 week ‘relevant period’ (paternity pay only)

give you the correct notice

be taking time off to look after the child or their partner

be responsible for the child’s upbringing

have been continuously employed by you for at least 26 weeks up to any day in the ‘qualifying week’

If your employee usually earns an average of £120 or more a week, and they only earned less in some weeks because they were paid but not working (‘on furlough’) under the Coronavirus Job Retention Scheme, they may still be eligible.

The qualifying week is the 15th week before the baby is due. This is different if the employee is adopting.

Use the paternity pay calculator to check an employee’s eligibility and work out their relevant period, notice period and paternity pay.

There are special rules for some employee situations, for example if they leave or become sick.

If the child is born early

If the child is born early, the employee is still eligible if they would have worked for you continuously for at least 26 weeks by the qualifying week.

For very premature births where the child is born 15 weeks before the due date, you’ll need to calculate paternity pay using your payroll software (if it has this feature) or work it out manually.

Employees in surrogacy arrangements

Parents intending to have a child through a surrogacy arrangement may be eligible for Statutory Paternity Pay and Leave.

If you ask, they must give you a written statement to confirm that they’ve applied or intend to apply for a parental order in the 6 months after the baby’s birth.

Employees cannot get Statutory Paternity Pay and Leave if they’ve taken Shared Parental Leave.

Notice period

The notice periods and forms are different if the employee is adopting.

Statutory Paternity Leave

Employees must tell you at least 15 weeks before the week the baby is expected:

the baby’s due date

when they want their leave to start  - they can change this with 28 days’ notice

how much leave they want

Notice does not have to be in writing unless you request it. Employees can use form SC3 to ask for leave and pay.

Statutory Paternity Pay

Employees must request paternity pay at least 15 weeks before the week the baby is expected using form SC3 (or your own version). Take a copy and give the original back to the employee.

Employees having a baby through a surrogacy arrangement must use form SC4 to request leave and pay.

Late notice

You can delay the leave or pay start date if the employee does not have a reasonable excuse for giving you the wrong amount of notice. To delay it, write to them within 28 days of their leave request.

Adoption

Eligible employees are entitled to paternity leave and pay if they’re adopting a child.

Calculate an employee’s paternity leave and pay using the maternity and paternity calculator. For overseas adoptions you’ll need to use your payroll software (if it has this feature) or work it out manually.

Eligibility

An employee adopting a child must:

have been continuously employed by you for at least 26 weeks up to any day in the week they were matched with a child (UK adoptions)

have been continuously employed by you for at least 26 weeks by either the date the child arrives in the UK or when they want their pay to start (overseas adoptions)

confirm that their partner is getting Statutory Adoption Pay in writing or by giving you a copy of their partner’s form SC6

meet the other eligibility conditions for paternity leave or pay

Notice period

An employee adopting a child must send you form SC4 for:

leave - no later than 7 days of their co-adopter or partner being matched with a child

pay - 28 days before they want their pay to start

For overseas adoptions the form and notice period is different. The process is explained on form SC5.

Leave start date

An employee taking paternity leave because they’re adopting can start their leave:

on the date of placement

an agreed number of days after the date of placement

on the date the child arrives in the UK or an agreed number of days after this (overseas adoptions)

For overseas adoptions leave must be taken within 56 days of the date of placement or the child’s arrival in the UK.

Proof of adoption

Employees must give you proof of adoption to qualify for paternity pay. Proof is not needed for paternity leave unless you request it. Proof can be a letter from their adoption agency or their matching certificate.

You must keep records of the proof.

Refuse pay form SPP1

You can refuse Statutory Paternity Pay if the employee does not qualify. To do this send them form SPP1 within 28 days of their pay request. You must keep a copy.

The employee can ask you for a written statement explaining your decision. You have to give this to them within a reasonable time, for example 7 working days.

Record keeping

You must keep records for HM Revenue and Customs (HMRC), including:

the date Statutory Paternity Pay started

the paternity payments you’ve made (including dates)

the payments you’ve reclaimed

any weeks you did not pay and why

if adopting, a letter from the adoption agency or a matching certificate

You must keep records for 3 years from the end of the tax year they relate to (for example by using form SPP2 or keeping your own records).

Help with statutory pay

For financial help with statutory pay, you can:

reclaim payments (usually 92%)

apply for an advance if you cannot afford payments


Statutory Sick Pay (SSP): employer guide

Overview

Your employees may be eligible for Statutory Sick Pay (SSP), which is £96.35 a week for up to 28 weeks.

This guide is also available in Welsh (Cymraeg).

You can offer more if you have a company sick pay scheme (you cannot offer less). Company schemes are also called ‘contractual’ or ‘occupational’ sick pay and must be included in an employment contract.

There’s a separate guide to Statutory Sick Pay if you’re an employee.

If your employee is off work because of coronavirus (COVID-19)

You must pay an employee SSP if they’re self-isolating and off work for at least 4 days and any of the following apply:

they or someone they live with has COVID-19 symptoms or has tested positive for COVID-19

they’ve been notified by the NHS or public health authorities that they’ve been in contact with someone with COVID-19

someone in their support bubble (or your ‘extended household’ if you live in Scotland or Wales) has COVID-19 symptoms or has tested positive for COVID-19

they’ve been advised by a doctor or healthcare professional to self-isolate before going into hospital for surgery

You must pay your employee from the first ‘qualifying day’ they’re off work. The date will depend on why they’re off work.

You must pay them on or after one of the following dates:

13 March 2020 - if they or someone they live with has symptoms or has tested positive for COVID-19

28 May 2020 - if your employee has been notified by the NHS or public health authorities that they’ve come into contact with someone with COVID-19

6 July 2020 - if someone in their support bubble (or extended household in Scotland or Wales) has symptoms or has tested positive for COVID-19

26 August 2020 - if your employee has been advised by a doctor or healthcare professional to self-isolate before going into hospital for surgery

A ‘qualifying day’ is a day an employee usually works on.

Reclaiming SSP

You can reclaim up to 2 weeks’ SSP if all of the following apply:

your employee was off work because they had COVID-19 or were self-isolating

your employee was off work because they were shielding - before 26 April 2021 in Scotland, before 12 April 2021 in Northern Ireland and before 1 April 2021 in England and Wales

your PAYE payroll scheme started on or before 28 February 2020

you had fewer than 250 employees on 28 February 2020

You can reclaim up to £96.35 a week for each employee.

You cannot reclaim SSP if your employee is off sick for any other reason.

Find out what other support you can get if your business is affected by COVID-19.

Holiday (or ‘annual leave’)

Statutory annual leave is accrued while the employee is off work sick (no matter how long they’re off) and can be taken during sick leave.

Entitlement

The weekly rate for Statutory Sick Pay (SSP) is £96.35 for up to 28 weeks. It is paid:

for the days an employee normally works - called ‘qualifying days’

in the same way as wages, for example on the normal payday, deducting tax and National insurance

Use the SSP calculator to work out the actual amount, for example for a daily rate.

Some employment types like agency workers, directors and educational workers have different rules for entitlement. You may still have to pay SSP even if you stop trading.

You cannot force your employees to take annual leave when they’re eligible for sick leave.

When to start paying SSP

SSP is paid when the employee is sick for at least 4 days in a row (including non-working days).

You cannot count a day as a sick day if an employee has worked for a minute or more before they go home sick.

If an employee works a shift that ends the day after it started and becomes sick during the shift or after it has finished, the second day will count as a sick day.

If your employee is off sick or self-isolating because of coronavirus (COVID-19) or has tested positive for COVID-19

From 13 March 2020 you start paying SSP from the first ‘qualifying day’ an employee is off work, as long as they are off for at least 4 days in a row. This includes non-working days.

If an employee was off sick with COVID-19 symptoms before 13 March, you start paying SSP from the fourth qualifying day.

If an employee was self-isolating before 13 March because someone they live with had symptoms, you start paying SSP from 13 March.

If an employee is self-isolating because they’ve been notified by the NHS or public health authorities that they’ve come into contact with someone with COVID-19, you start paying SSP from 28 May.

If an employee was self-isolating before 6 July because someone in their support bubble (or extended household in Scotland or Wales) but not their own household had symptoms or tested positive for COVID-19, you start paying SSP from 6 July.

If an employee is self-isolating because they’ve been advised to do so by a doctor or healthcare professional before going into hospital for surgery, you start paying SSP from 26 August.

When to stop paying SSP

SSP stops when the employee comes back to work or no longer qualifies.

Record keeping

You’ll need to keep records of SSP you’ve paid to an employee who was off work because of COVID-19 if you want to reclaim it.

You’ll need to keep the following records for 3 years after the end of the tax year you paid SSP:

the dates the employee was off sick

which of those dates were qualifying days

the reason they said they were off work

the employee’s National Insurance number

You do not need to keep records of SSP paid to employees who are off sick for another reason.

You can choose how you keep records of your employees’ sickness absence. HMRC may need to see these records if there’s a dispute over payment of SSP.

Eligibility and form SSP1

To qualify for Statutory Sick Pay (SSP) employees must:

have an employment contract

have done some work under their contract

have been sick for 4 or more days in a row (including non-working days) - known as a ‘period of incapacity for work’

earn an average of at least £120 per week

give you the correct notice

give you proof of their illness, only after 7 days off

Employees who have been paid less than 8 weeks of earnings still qualify for SSP. Use the sick pay calculator to work out how much to pay them.

An employee’s period of incapacity for work is not interrupted if they take annual leave during that time.

Employees can qualify for sick pay from more than one job.

They could also qualify in one job but be fit for work in another, for example if one job is physical work that they cannot do while ill but the other is office-based.

Coronavirus (COVID-19) eligibility

Your employees qualify for SSP if they meet the criteria and cannot work if any of the following apply:

were self-isolating on or after 13 March 2020 because they or someone they live with had COVID-19 or symptoms of COVID-19

started self-isolating on or after 28 May 2020 because they were notified by the NHS or public health authorities that they’ve come into contact with someone with COVID-19

were self-isolating on or after 6 July 2020 because someone in their support bubble (or extended household in Scotland or Wales) but not their own household had symptoms or tested positive for COVID-19

have tested positive for COVID-19 since 5 August 2020

were self-isolating on or after 26 August because they had been advised to do so by a doctor or healthcare professional before going into hospital for surgery

Employees will not qualify for SSP if they are self-isolating after entering or returning to the UK, and do not need to self-isolate for any other reason.

Exceptions

Employees do not qualify for SSP if they:

have received the maximum amount of SSP (28 weeks)

are getting Statutory Maternity Pay or Maternity Allowance - there are special rules for pregnant women and new mothers who do not get these payments

are off work for a pregnancy-related illness in the 4 weeks before the week (Sunday to Saturday) that their baby is due

were in custody or on strike on the first day of sickness (including any linked periods)

are working outside the EU and you’re not liable for their National Insurance contributions

received Employment and Support Allowance within 12 weeks of starting or returning to work for you

Use the SSP calculator to check eligibility.

Linked periods of sickness

If your employee has regular periods of sickness, they may count as ‘linked’. To be linked, the periods must:

last 4 or more days each

be 8 weeks or less apart

Your employee is no longer eligible for SSP if they have a continuous series of linked periods that lasts more than 3 years.

If an employee is not eligible or their SSP ends

Employees may be able to apply for Universal Credit or Employment and Support Allowance (ESA). They use form SSP1 to support their application.

If your employee’s SSP is ending you must send them form SSP1 either:

within 7 days of their SSP ending, if it ends unexpectedly while they’re still sick

on or before the beginning of the 23rd week, if their SSP is expected to end before their sickness does

If your employee does not qualify for SSP you must send them form SSP1 within 7 days of them going off sick.

If your employee thinks this is unfair, they can appeal to HMRC - the form tells them how to do this.

Long-term illness

You can complete form SSP1 before the end of SSP if you know an employee will be off sick for more than 28 weeks. This means they can apply for ESA before their SSP comes to an end.

Notice and fit notes

Notice

The employee should tell you they’re sick within the time limit set by you, or 7 days if you do not have one. You cannot:

insist they tell you in person or on a special form

ask them for proof of their sickness until they have been off for 7 days (including non-working days)

You do not have to pay Statutory Sick Pay (SSP) for any days the employee was late in telling you (unless there’s a good reason for the delay).

If an employee was shielding because of coronavirus (COVID-19)

Shielding has stopped in the UK.

An employee can no longer apply for a new shielding note or a replacement shielding note.

Fit notes and asking for proof

After 7 days off sick (including non-working days) you can ask the employee for proof of their sickness. This could be:

an isolation note from NHS 111 - if they are self-isolating and cannot work because of COVID-19

the notification from the NHS or public health authorities if they are self-isolating because they’ve come into contact with someone with COVID-19

a letter or shielding note that they got from their doctor or health authority, or the government, advising them to shield

a letter from their doctor or healthcare professional confirming the date of their procedure if they’ve been advised to self-isolate before going into hospital for surgery

a fit note from their doctor or a hospital (sometimes called a sick note) - if they have any other illness

If you agree, they can give you a report from a physiotherapist, podiatrist or occupational therapist, (called an Allied Health Professional (AHP) Health and Work report).

You cannot withhold SSP if the employee is late sending you a fit note or isolation note.

If your employee is off sick frequently or for a long time, HMRC has information about getting medical advice.

Help with sick pay

Reclaiming Statutory Sick Pay

You may be able to reclaim Statutory Sick Pay (SSP) if your employee is off work because of coronavirus (COVID-19).

If you’re insolvent

HMRC will pay SSP for any employee who continues to work for you if they were sick when you became insolvent. Tell your employee to contact the Statutory Payment Disputes Team.

If their sickness continues and you terminate their contract, give them a completed SSP1 form so they can claim Employment and Support Allowance instead.


Time off for family and dependants

Your rights

As an employee you’re allowed time off to deal with an emergency involving a dependant.

A dependant could be a spouse, partner, child, grandchild, parent, or someone who depends on you for care.

How much you get

You’re allowed a reasonable amount of time off to deal with the emergency, but there’s no set amount of time as it depends on the situation.

Tell your employer as soon as possible how much time you’ll need so it can be agreed.

Limits on time off

There are no limits on how many times you can take time off for dependants. Your employer may want to talk to you if they think time off is affecting your work.

Pay

Your employer may pay you for time off to look after dependants but they don’t have to. Check your contract, company handbook or intranet site to see if there are rules about this.

Exceptions

You can’t have time off if you knew about a situation beforehand. For example you wouldn’t be covered if you wanted to take your child to hospital for an appointment. You might get parental leave instead.

Check your employment status to see if you’re classed as an ‘employee’.

Compassionate leave

If you aren’t given time off for dependants, your employer may allow you ‘compassionate leave’ - this can be paid or unpaid leave for emergency situations. Check your employment contract, company handbook or intranet for details about compassionate leave.

What's an emergency?

You could get time off when a dependant is involved in the following emergencies.

Illness, injury or assault

This includes mental or physical illnesses that don’t have to be life-threatening or need full-time care - it could be an existing condition that has worsened.

For example, if a dependant is mugged without being physically hurt, you could take time off to comfort or help them.

You can also take time off to arrange longer term care for a dependant.

Having a baby

You could take time off if a dependant goes into labour unexpectedly and they rely on you to take them to the hospital. You can’t take time off for dependants after the birth to care for the child, unless it’s an emergency. However, if you’re the child’s parent you could be entitled to paternity or parental leave.

Disruption of care arrangements

You could get time off if:

a child minder or carer doesn’t turn up to look after a dependant

a nursing home or nursery closes unexpectedly

If your child is involved in an incident during school time

You could get time off if your child has been:

involved in a fight

injured on a school trip

suspended from school

Taking time off

Tell your employer as soon as possible if you need time off. If it’s an emergency, you may not be able to do this before you leave work but you should let your employer know as soon as possible.

You don’t have to do this in writing or give written proof.

Problems when you take time off

Your employer musn’t:

treat you unfairly for taking time off, for example refusing you training or promotion

dismiss you or choose you for redundancy because you asked for time off for a dependant

refuse you reasonable time off

If you think you’ve been unfairly treated for taking time off for dependants, get advice from your staff or trade union representative or Acas.

You may be able to take a case to an Employment Tribunal.


Training and study at work: your rights

Who can and can't ask for time off to train

Staff may have the right to ask for time off work for training or study.

To ask for training or study:

staff must be classed as an employee

they must have worked for their employer for at least 26 weeks

training must help staff do their job better

at least 250 people must work in the organisation

Time off is usually unpaid unless the employer agrees to pay it.

Check someone’s employment status.

Who can’t ask for time off to train

Staff can’t ask for time off for training or study if they’re:

an agency worker

in the armed forces

of compulsory school age (‘school age’ in Scotland)

a young person who’s already got the right to take paid time off for study or training

aged 16 to 18 and already expected to take part in education or training

Asking for time off

Employees should follow their organisation’s rules to ask for time off. If there aren’t any they can write to their employer saying it’s a request ‘under Section 63D of the Employment Rights Act 1996’ with the following details:

the date

the subject matter of the study or training

where and when it would take place

who’ll be providing the training

the name of the qualification they could get - if any

why they think this study or training will help them do their job better and help their employer’s business

if they’ve made a request before and when

An employer doesn’t have to consider the request if all this information isn’t included.

Employees can only make 1 request a year.

If the employee changes their mind

The employee must tell their employer if they:

don’t start the agreed training or study

don’t finish the training or study

do a different course or plan to do a different course from the one agreed

Employer's decision and responsibilities

The employer has 28 days to:

accept the request

hold a meeting with the employee to discuss it

This might be longer if the person who deals with these requests is off when the request is sent in.

The employee can take a trade union representative or colleague to the meeting. They can ask for the meeting to be postponed if this person can’t make it.

If the employer decides to hold a meeting about it they must make a decision within 14 days of it, unless the employee agrees in writing to extend this time.

Turning down the request

The employer can only turn down a request if:

the training wouldn’t benefit their business

they would run up extra costs for the business

they wouldn’t be able to meet customer demands

they can’t re-organise the work among other members of staff

they can’t recruit extra staff

it would damage quality and business performance

there wouldn’t be enough work for the employee to do at the times they intend to work

it conflicts with planned structural changes

Paying for the training

The employer doesn’t have to pay for the training or study. They can choose to pay all or part of the fees if they think it will benefit the business.

Appealing the decision

Employees have the right to appeal if their employer refuses a request to take time off for training or study.

This must be made within 14 days of their employer’s decision.

The appeal must:

be in writing

be dated

set out why they’re appealing - the grounds for the appeal

The appeal meeting

The employer has to arrange a meeting with the employee to discuss the appeal within 14 days of getting the appeal.

The employer must give their decision in writing within 14 days of the meeting.

If the problem isn’t resolved

If an employee isn’t satisfied with the result of an appeal they can phone Acas (Advisory, Conciliation and Arbitration Service) for help and advice or raise a grievance.

If this doesn’t work the employee could go to an employment tribunal if the employer:

didn’t follow the procedure properly

refused the request based on the wrong facts

Employment tribunal claims must be made within 3 months of an appeal decision.


Ask your employer to set up a European Works Council

Overview

You can ask your employer to set up a European Works Council (EWC) if you work for a company with offices across the European Economic Area (EEA).

An EWC is a forum where your company can:

tell you about plans and decisions at the same time as employees in other countries - this is known as being informed

exchange views with you in the same way as employees in other countries - this is known as being consulted

An EWC only informs and consults on issues that affect more than one country where the business operates.

Who can ask for a European Works Council

You can ask your employer to set up an EWC if they have:

at least 1,000 employees in the EEA

150 employees in each of at least 2 countries in the EEA

You can write to your employer to find out information, for example how many employees it has or where it operates, to help you make your request.

Your employer can also set up an EWC without waiting for a request.

After you’ve made your request

Your employer will set up a special negotiating body (SNB) to negotiate an EWC agreement with central management of the business.

You can complain about the way an EWC has been set up or run.

Make a request

Write to your employer to ask them to set up a European Works Council (EWC).

It must be backed by at least 100 employees from at least 2 European Economic Area (EEA) sites.

Send it to the central or local management of the business.

Your employer can challenge your request for an EWC if:

they think the request is not valid, for example because the business does not employ enough people

there’s an existing information and consultation agreement

After you've made your request

After your request for a European Works Council (EWC) is accepted, your employer must set up a special negotiating body (SNB). The SNB will discuss how the EWC will be set up and run with the central management. The time limit for negotiations is 3 years.

The SNB must:

have at least one member from each of the countries where the business has a site

be set up within 6 months from when the request for an EWC was accepted

If there’s an agreement

You’ll get a written agreement for either:

an EWC

one or more alternative information and consultation arrangements

If an agreement is not made

The SNB can only end negotiations or decide not to open negotiations after a ballot has been held and a two-thirds majority reached. You’ll have to wait 2 years to make a new application.

Make a complaint

Complain in writing to the Central Arbitration Committee (CAC) about the way a European Works Council (EWC) has been set up or run.

Complaints about requests for information

You can complain if your employer:

does not provide information about the size or structure of the company

provides inaccurate information about the size or structure of the company

You must wait a month after making a formal request for an EWC before you can complain.

Complaints about creating the Special Negotiating Body

You can complain about incorrect ballot arrangements to create a special negotiating body (SNB).

Complaints about creating the European Works Council

You can complain that:

an EWC has not been set up even though there have been negotiations

your employer has not followed the right procedure for running an EWC

How to complain

Write to CAC and include the following information:

the name, job and full contact details of the person making a complaint and the person or business you’re complaining about

the right regulation number for the complaint you’re making

the reasons for your complaint

Send your complaint by email or by post to CAC.

CAC will get in touch for more information as they need it.


Being monitored at work: workers' rights

Overview

Employers might monitor workers. This could be done in various ways, like:

CCTV

drug testing

bag searches

checking a worker’s emails or the websites they look at

Data protection law covers any monitoring that involves taking data, images or drug testing.

If workers are unhappy about being monitored, they can check their staff handbook or contract to see if the employer is allowed to do this.

If they’re not, the worker might be able to resign and claim unfair (‘constructive’) dismissal. But this is a last resort - they should try to sort the problem out first - read the advice to help solve a workplace dispute.

Searches

Employers should have a written policy on searching. Searches should:

respect privacy

be done by a member of the same sex

be done with a witness present

If a search or drug test is badly handled, workers might have a claim for discrimination, assault or false imprisonment.

For advice about work issues, talk to Acas (the Advisory, Conciliation and Arbitration Service), Citizens Advice or your trade union representative.

Drug testing

Employers have to have consent if they want to test for drugs. Usually this is when they have a full contractual health and safety policy, which should be in the contract or staff handbook.

Employers should:

limit testing to employees that need to be tested

ensure the tests are random

not single out particular employees for testing unless this is justified by the nature of their jobs

Workers can’t be made to take a drugs test but if they refuse when the employer has good grounds for testing, they may face disciplinary action.

Email, CCTV and other monitoring

Employers must explain the amount of monitoring clearly in the staff handbook or contract. They should tell workers:

if they’re being monitored

what counts as a reasonable number of personal emails and phone calls

if personal emails and calls are not allowed

Examples of monitoring could include:

looking at which websites workers have visited

CCTV in the building

checking workers’ bags as they leave

Employers are not allowed to monitor workers everywhere (not in the toilet, for example). If they don’t respect this they could be in breach of the Data Protection Act.

Read the advice on workplace disputes or talk to Acas (the Advisory, Conciliation and Arbitration Service), Citizens Advice for more advice. Workers can also contact their trade union representative.


Derecognise a union

Overview

Trade unions can be recognised to represent groups of employees in a company in negotiations over pay, holidays and working conditions through either:

a voluntary agreement with the employer

a declaration by the Central Arbitration Committee (CAC).

Three years after a CAC declaration of recognition, employers and workers can apply to the CAC to have a union derecognised.

If the application is successful, the union will cease to represent the workforce in negotiations with the employer.

When employers can apply

Where recognition has been declared by the CAC, you can apply to have a union derecognised in any of the following situations:

the number of people employed by the company has fallen to less than 21

workers in the bargaining unit no longer support the union

the number of union members in the bargaining unit has fallen to below 50%

When workers can apply

You can apply to have a union derecognised if workers in the bargaining unit no longer support the union and don’t want to be represented by the union.

You can apply to have a non-independent union derecognised if the majority of workers do not support it.

Employers: reduced workforce

As an employer, you can apply to the Central Arbitration Committee (CAC) to have a trade union derecognised if both of the following are true:

you’ve employed less than 21 people for a continuous 13-week period

it is more than 3 years since recognition was declared by the CAC

You must give written notice to the union asking for the union to be derecognised.  Notice must be given within 5 days of the end of the relevant 13-week period.

Your letter must include the following details:

the specific 13-week period during which you had less than 21 workers

the number of workers you employed in that time

the current bargaining arrangements

the date you want the arrangements to end - this must be at least 35 working days after the request was made

You must give a copy of the letter to the CAC. The CAC will tell you within 10 days if the notice you gave the union was valid.

Your notice is valid

The union will be derecognised and you won’t have to negotiate with them anymore, unless they make an application to the CAC because they believe that:

the 13-week period was within 3 years of them gaining recognition

your company employed 21 or more workers during that time

Your notice isn’t valid

You must continue with the current collective bargaining arrangements.

Employers: union loses support

You can try to get a union derecognised if the workers in the bargaining unit no longer support it and don’t want it to negotiate on their behalf.

Ask the union to voluntarily derecognise

You must send a written request to the union, stating:

that you wish to end the bargaining arrangements because you believe that the union no longer has the support of the workers

what the current arrangements are

that the request is made under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992

The union has 10 working days to respond to your request.

You can end the bargaining arrangements and derecognise the union if they accept your request.

The union agrees to negotiate

If they reject your request but agree to negotiate, you’ll have another 20 working days to come to an agreement about derecognition.

Within this period, either side can ask  the Advisory, Conciliation and Arbitration Service (Acas) to help with negotiations. You may extend this period if the union agrees.

The union doesn’t respond or rejects your request

You can apply to the Central Arbitration Committee (CAC) to hold a secret ballot of workers to see if they support derecognition.

You can only apply if both of these are true:

the union has been recognised for longer than 3 years

there haven’t been any applications to CAC for derecognition in the previous 3 years

Provide evidence (eg letters supporting your application, workplace surveys) for both of the following:

at least 10% of the workers in the bargaining unit want the union to be derecognised

a majority of workers in the bargaining unit are likely vote for derecognition

Send the completed form and your supporting documents to CAC. Send a copy to the union.

What happens next

CAC has 10 working days to consider your application.

You may be asked to attend a hearing if CAC needs more information before deciding whether  to grant your application.

The CAC will arrange a secret ballot of workers if your application is successful.

You’ll have to continue negotiating with the union if your application fails.

Employers: union membership is less than 50%

If the Central Arbitration Committee (CAC) declared recognition without a ballot more than 3 years ago, a union can be derecognised if the level of union membership in the bargaining unit falls below 50%.

Apply to the CAC to hold a secret ballot of employees on whether collective bargaining should be ended.

You can only apply if:

the CAC declared recognition without a ballot more than 3 years ago

Ask the union to voluntarily derecognise

You must send a written request to the unions, stating:

that fewer than 50% of the workers in the bargaining unit are union members

what the current bargaining arrangements are, eg how many workers are in the bargaining unit, where they work

The union has 10 working days to respond to your request.

The union rejects your request but is willing to negotiate

You have 10 days to negotiate an agreement about derecognition. You can extend this period if the union agrees.

The union doesn’t respond or rejects your request

Apply to CAC to hold a secret ballot of workers to see if they support derecognition.

You can’t apply if there have been any applications to CAC for an end to bargaining arrangements in the previous 3 years.

Provide evidence (eg letters supporting your application, workplace surveys) that less than 50% of the bargaining unit are union members.

Send the completed form and your supporting documents to CAC. You must send copies of the form and evidence to the union.

What happens next

CAC has 10 working days to consider your application.

The CAC will arrange for a secret ballot of the workers to be held if your application is successful.

You will have to continue negotiating with the union if your application fails.

Workers: union loses support

You can apply to the Central Arbitration Committee (CAC) for a secret ballot on derecognition if you believe the union no longer has the support of the bargaining unit.

You can only apply if both of these are true:

the union has been recognised for longer than 3 years

there haven’t been any applications to CAC for derecognition in the previous 3 years

at least 10% of the workers in the bargaining unit want the union to be derecognised

a majority of workers in the bargaining unit are likely vote for derecognition

Send the completed form and your evidence to both the union and the CAC.

What happens next

You may be asked to attend a hearing if CAC needs information to support your application, eg evidence of levels of union support.

Your application will either be:

rejected and the union will continue to represent the bargaining unit

accepted and you’ll enter a negotiation period of 20 working days

Taking part in negotiations

CAC will try to help everyone involved reach an agreement. They may extend the 20-day negotiation period if everyone agrees.

The outcome of the negotiations will be one of the following:

you withdraw your application and the union continues to represent the bargaining unit

the union agrees to end the arrangements and is derecognised

no agreement is reached and CAC arranges a secret ballot

Workers: derecognise a non-independent union

An employee or group of workers can apply to the Central Arbitration Committee (CAC) to derecognise a non-independent union that the employer recognised voluntarily.

A non-independent union represents employees but has not been given a certificate of independence by the Certification Officer. You can check this on the Certification Officer’s website.

You can apply any time after the union has been recognised by the employer.

Apply for a secret ballot

Apply to CAC to hold a secret ballot of workers to find out if they want the union derecognsied.

The form must be completed and signed by an employee in the bargaining unit.

at least 10% of the workers in the bargaining unit want the union to be derecognised

a majority of employees in the bargaining are likely to favour an end to the bargaining arrangements

Send the completed form plus your documents to CAC. Send a signed copy of the form and evidence to the union and your employer.

What happens next

CAC has 10 working days to consider your application.

Your application will either be:

rejected and the union will continue to represent the bargaining unit

accepted and you’ll enter a negotiation period of 20 working days

Taking part in negotiations

The outcome of the negotiations will be one of the following:

the union agrees to end the arrangements and is derecognised

no agreement is reached and CAC arranges a secret ballot

Holding a derecognition ballot

When employers, workers and the union have tried to reach agreement about derecognition but failed, the Central Arbitration Committee (CAC) will hold a secret ballot.

CAC will write to everyone involved, saying that they intend to hold a ballot to allow workers in the bargaining unit to vote on derecognition.

How the ballot works

CAC will appoint a qualified independent person (QIP) who will aim to conduct the ballot within 20 working days of their appointment. The CAC may extend this period if necessary.

The QIP will provide an estimate for the cost of running the ballot. The arrangements for the ballot will be decided by the CAC after consulting the employer and the union.

The final cost of the ballot will be split equally between the employer and the union.

The employer and the union must follow the Code of Practice on Access and Unfair Practices during Ballots for Trade Union Recognition or Derecognition.

Complain when someone doesn’t co-operate

Complain to CAC any time before the ballot is held if you feel someone isn’t co-operating.

The union can complain to the CAC if the employer is not fulfilling their duties during the ballot.

CAC will investigate and can issue a ‘remedial order’ demanding that all duties are carried out properly.

If that order is ignored CAC can cancel the ballot or declare that the union be derecognised.

Complain about unfair practices

Complain to the Central Arbitration Committee (CAC) if you feel that another party is using unfair practices to influence the ballot, eg bribery or threats.

To make a complaint fill in the unfair practices application form and send it to CAC. The address is on the form.

Complaints can be made at any time up to the end of day after the ballot closes.

Where CAC finds that unfair practices were used they may:

reschedule the ballot

cancel the ballot and declare that the union is derecognised

cancel the ballot and refuse the application for derecognition

The Code of Practice on Access and Unfair Practices during Ballots for Trade Union Recognition or Derecognition has more information.

After the ballot

You’ll usually find out the result of the vote 48 hours after the ballot closes.

For a union to be derecognised the majority of those voting, and at least 40% of the workers in the bargaining unit, must vote in favour of ending the bargaining arrangements.

The Central Arbitration Committee (CAC) will declare the union as derecognised or will refuse the application for derecognition.

Paying for the ballot

The employer and the union will each receive a demand from the qualified independent person (QIP) for their share of the cost of running the ballot.

This must be paid in 15 days. If either party wishes to dispute the amount they can appeal to an employment tribunal.

What you must do

As an employer, you no longer have to work with a union that’s been derecognised.

You must continue to work with a union if the CAC have refused the application for derecognition. You cannot reapply for the union to be derecognised for 3 years.


Employers: recognise a trade union

Overview

As an employer you may need to work with trade unions that represent groups of your employees, sometimes known as bargaining units.

Trade unions will negotiate with you on working conditions, for example pay and holiday. You need to recognise the trade union before they can negotiate with you.

How a trade union gets recognition

The union must ask you to recognise them voluntarily - if you agree to the request then the union is recognised.

If you do not want to recognise the union and have more than 21 employees, they can apply for statutory recognition from the Central Arbitration Committee (CAC).

When the union requests recognition

The union must ask you - the employer - in writing if you’ll agree to recognise them voluntarily.

The written request must:

give the name of the union

identify which employees will be represented by the union when it’s recognised, sometimes known as the bargaining unit

state that the union is making the request under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992

Respond to the request

You have 10 working days to respond to the request.

You can:

agree to recognise the union voluntarily - and begin collective bargaining

reject the request - the union may then apply for statutory recognition

refuse the initial request but agree to negotiate

Negotiate with the union

You have 20 working days, or longer if you agree this with the union, to come to an agreement about:

which employees are in the bargaining unit

whether the union should be recognised for collective bargaining

You have 10 days to suggest that the Advisory, Conciliation and Arbitration Service (Acas) are brought in to assist with the negotiations.

What happens next

If you cannot agree, or you’ve agreed the bargaining unit but not recognised the union, the union can apply to the Central Arbitration Committee (CAC) for statutory recognition.

When the union applies for statutory recognition

The union can apply to the Central Arbitration Committee (CAC) for ‘statutory recognition’ if you do not agree to recognise them voluntarily.

CAC will accept the trade union’s application for recognition if it meets the requirements, unless you challenge the application.

Providing information to the CAC

You may be asked for information by the CAC case manager who is handling the union’s application, for example, how many employees are in the bargaining unit. CAC will still consider the application if you do not provide the information.

Challenge an application

You can challenge the application if you think it does not meet the requirements.

Application requirements

The union can apply if:

they’ve sent you a copy of their application and any supporting documents

they have at least 10% union membership within the proposed bargaining unit

they have evidence that a majority of employees are in favour of recognition - for example, a petition

They cannot apply if:

they’ve applied for recognition in the last 3 years

they are not a certified independent union

there’s already a recognition agreement that allows another union to represent employees in the bargaining unit

another union - representing 10% of the employees in the proposed bargaining unit - has already applied to CAC

How to complain

CAC will send you a form so you can challenge the application if you think that the union has not met one or more of the requirements.

You have 5 working days to send it to CAC - the address is on the form.

You’ll hear from CAC within 10 working days. They may:

ask for more information so they can make a decision

reject the application if the union has not met the requirements

accept the union’s application

When the CAC accepts a union’s application

You’ll need to start discussions about which employees the union will represent, sometimes known as the bargaining unit.

Establishing the bargaining unit

The ‘bargaining unit’ is the group of employees that will be represented by the union.

You can agree who is in this unit with the union as part of your negotiations. If you do not, the Central Arbitration Committee (CAC) will decide.

Providing information to the union and the CAC

If CAC accepts the union’s application for statutory recognition and you have not agreed on the bargaining unit with them, you must send CAC and the union:

a list of the categories of employees who will be in the proposed bargaining unit, for example, technical and skilled but not managers

a list of the places where they work

the number of employees in each category at each workplace

You have 5 working days to send this from the date the application is accepted.

How the CAC decides on the bargaining unit

CAC will hold a hearing and decide the bargaining unit based on:

your views and those of the union

compatibility with effective management of your company

existing national and bargaining arrangements

Work with a ‘suitable independent person’ (SIP)

When the bargaining unit has been agreed the union may ask CAC to appoint a SIP to communicate with employees in the bargaining unit. If this happens, you must give the SIP the names and addresses of:

employees in the proposed bargaining unit

any employees who join or leave the bargaining unit

If you do not provide this information, you’ll get a ‘remedial order’ from CAC. You must do what the order says or CAC could declare that you must recognise the union.

When the bargaining unit has been agreed or decided

CAC will decide if there needs to be a ballot of employees.

Ballot on union recognition

Your employees will be balloted about whether they want the union to be recognised if the majority of employees in the bargaining unit are not members of the union.

The Central Arbitration Committee (CAC) may hold a ballot even if the majority of your employees are union members but they believe any of the following:

it’ll help maintain good relations between you and your employees

there’s evidence that a significant number of union members in the bargaining unit do not want the union to represent them

there are concerns about why some members joined the union, for example, they were pressured

CAC will ask for your views and the union’s on these issues.

Before the ballot

You’ll get a letter telling you whether there’ll be a ballot. A ballot can be held at the workplace, by post or both. CAC will ask for your views and the union’s before they decide what kind of ballot to hold.

The union has 10 days to withdraw its application. If it does not, CAC will appoint a qualified independent person (QIP) to run the ballot.

The ballot will usually be held within 20 working days of the QIP being appointed.

Your responsibilities

The cost of the ballot is split equally between you and the union.

You must:

make sure the union can talk to employees in the bargaining unit - for example, allow them to hold meetings without you

give CAC a list of names and addresses of employees in the bargaining unit - and update it when people join or leave

not ask employees to miss meetings, unless it’s absolutely necessary

not threaten or take any action against a worker because they attended a meeting

The union can complain to CAC if they think you have not co-operated.

After the ballot

You’ll usually find out the result of the vote 48 hours after the ballot closes.

CAC will declare the union is recognised if both:

the majority of employees in the ballot vote to recognise the union

at least 40% of the employees in the bargaining unit vote to recognise the union

If CAC declares the union is recognised

You must work with the union and work out how to collectively bargain on:

pay

hours

holiday entitlement

If CAC does not declare the union is recognised

The union will not be able to apply for statutory recognition for 3 years, but you can still recognise them voluntarily.

Complaints about and from the union

You can complain to the Central Arbitration Committee (CAC) if the union tries to influence the outcome of a ballot using ‘unfair practices’, for example, by trying to pressurise employees.

The Code of Practice on Access and Unfair Practices during Ballots for Trade Union Recognition or Derecognition has more information.

Make your complaint in writing to CAC. You can complain at any time until the day after the ballot closes.

What happens next

CAC may:

restart the ballot process

give the union a final warning, sometimes called a ‘remedial order’

If the union does not do what the order tells it to do, CAC can cancel the ballot and declare the union is not recognised

If the union complains

The union can complain if you:

do not co-operate with preparations for the ballot

use unfair practices to change the outcome of the ballot

CAC may give you a final warning if the union’s complaint is successful, sometimes called a ‘remedial order’.

CAC can also:

restart the ballot process

cancel the ballot and declare the union is recognised

Ending negotiations

You and the union will not need to continue negotiations if the union withdraws its application. They must do this before the Central Arbitration Committee (CAC) either :

declares them recognised or not recognised

tells you that they’re holding a ballot of your employees

You’re recognising the union voluntarily

If the union is withdrawing its application because you’ve agreed to recognise them, you and the union can tell CAC by sending a ‘joint notice to cease consideration’. This means CAC will no longer be involved.

Send CAC a letter signed by both you and the representative of the union.

You must do this before CAC declares the union is recognised or up to the last day of the ballot notification period (10 working days from when CAC told you about the ballot).


If your business faces industrial action

Overview

If there’s a workplace dispute at your business, you should try to resolve it informally or through an impartial third party (arbitration).

Get advice on handling disputes and conflict in the workplace on the Acas (Advisory, Conciliation and Arbitration Service) website.

You could work with a trade union to solve a dispute as well as with non-union employee representatives.

If you cannot resolve a dispute, workers in a recognised trade union may consider taking industrial action.

A trade union can only call for industrial action if:

the dispute cannot be solved by informal negotiations or arbitration

a majority of the members involved support it through a postal ballot (before organising one, the union has to decide which members it wants to ask to take industrial action)

Types of industrial action might include a strike or action short of a strike, for example not working overtime.

If workers go on strike, you do not have to pay them for the hours lost.

Using agency workers to cover during a strike

Agencies are not allowed to supply workers specifically to cover work that is not being done during lawful industrial action.

Agency workers already in place as part of your normal business can carry on as usual.

Dismissing workers who take industrial action

As an employer, you may face unfair dismissal claims if you dismiss:

employees within the first 12 weeks of lawful industrial action for taking part

some workers for taking part in the action, but not others

all employees but re-hire only some of them

Some employees might have protection from unfair dismissal for more than 12 weeks.

Lawful industrial action

Trade unions only have statutory immunity if the industrial action is lawful. Statutory immunity means that trade unions and their members are protected from legal action in civil law.

There’s no legal immunity in criminal law for strikers or organisers who break the law - for example, by intentionally damaging property or trespassing.

When industrial action is lawful

There must be:

a trade dispute (a dispute between you and your workers about employment-related issues)

a properly-conducted industrial action ballot

a written notice of industrial action sent to you

The industrial action must not:

be secondary action - for example, action taken by workers whose employer is not involved in the trade dispute

be in support of an employee dismissed for taking unofficial industrial action

promote closed-shop practices (such as when employers agree to employ only union members) or enforce trade union membership against non-union firms

involve unlawful picketing

When civil proceedings can take place

If the union or individuals do not follow these conditions, they do not have statutory immunity. This means that you and anyone else affected by the industrial action can take civil proceedings in the courts as long as all the following apply:

an unlawful, unprotected act has happened or been threatened

the action breaks a contract that you’re a party to

you’ve suffered, or are likely to suffer, loss as a result

Strike pay and working records

You can ask your employees if they’re planning to strike, so that you can tell what effect the strike will have - but they do not have to tell you their plans.

Deducting pay

You do not have to pay employees who are on strike.

If workers take action short of a strike, and refuse to carry out part of their contractual work, this is called ‘partial performance’. If you refuse to accept partial performance, you must tell employees that:

they should only attend work if they fulfil their contractual duties

if they do not fulfil the terms of their employment contract, you do not have to pay them

If you do accept partial performance, you must still pay employees for any work that they have done.

How much pay to deduct during a strike

You should only deduct the amount that the employee would have earned during the strike. How you work this out may depend on how they are paid (for example, hourly, weekly or monthly) and on the terms of their employment contract.

You cannot deduct an employee’s pay if they were not supposed to be working on the day of the strike.

Effect on continuous employment and length of service

If employees return to work after the strike, their continuous employment is not affected - they continue to be employed by you. This means that the terms and conditions of their employment contracts still apply during and after the strike.

However, days when they were on strike do not count towards their total length of service - this may be important for working out things like statutory redundancy pay or pensions.

Picketing during strikes

During the strike, workers and union reps may stand outside the place of work to explain why they’re striking and try to persuade others to join the strike. This is called picketing. It’s only lawful if it’s:

carried out near or at the strikers’ usual place of work (unless they are mobile workers)

done peacefully, without abusive or threatening behaviour

not breaking any criminal laws - for example, damaging property or obstructing roads

You may be able to take legal action if picketing is unlawful.

Non-union employees and strikes

You can ask non-union employees to cover work during a strike, as long as:

this is allowed by their employment contracts

you do not discriminate against any employee directly or indirectly

Non-union staff and striking

If non-union members go on strike, they are protected from dismissal and have the same rights as union members, as long as the industrial action is lawful.

Agency staff

You cannot hire agency staff to provide temporary work cover during a strike.

Agency staff who are already in place as part of normal business can carry on as usual.


Working with trade unions: employers

Overview

If you recognise a union in your workplace there are certain rules you need to follow.

You must:

give the union information in advance to help with collective bargaining

inform and consult the union about major changes in the workplace

follow proper procedures if you’re taking union subscriptions straight from your employees’ pay (the ‘check off’)

let union reps and members have time off for union activities

not discriminate against a worker because they’re in the union

Collective bargaining

You’ll need to work with unions to discuss changes to your employees’ terms and conditions. This is called ‘collective bargaining’.

Collective bargaining covers the terms and conditions of workers in a defined ‘bargaining unit’. This can include all employees in a workplace or just certain groups of workers, eg technicians.

It’s up to you and the union to agree which terms and conditions are covered but it’s usually things like pay, holiday, working hours etc.

Running collective bargaining

Employers and unions need to work out how to run collective bargaining, eg:

who’ll represent the workers

who’s included in a bargaining unit

when and how often meetings will happen

what to do if more than one union is recognised

what will be discussed

what to do if the union and employer cannot come to an agreement

Information to help with collective bargaining

Employers must give certain information to the union to help it with the bargaining process, eg the company’s pay and benefits structure or information about its profits, assets and liabilities.

Collective agreements

If collective bargaining leads to an agreement, for example about a pay increase or change in working conditions, it’s called a ‘collective agreement’.

Informing and consulting with unions

Employers must inform and consult with a recognised trade union about:

collective redundancies

transfers of business ownership

certain changes to pension schemes

health and safety

If you fail to consult the union about any of these, you’ll be breaking the law and could be fined - the amount depends on the situation.

There’s more information on the pension scheme changes you have to consult about in the guidance below.

You can also make voluntary agreements with unions to regularly inform and consult them about other business and workplace issues.

Acas has detailed guidance about informing and consulting employees.

Union subscriptions

Some trade union members pay their union subscriptions directly out of their wages.

The employer then gives these payments to the union.

This is often called the ‘check-off’.

It’s up to you if you want to run the check-off. A union cannot force you to run the check-off unless you’ve agreed to it in your workers’ employment contracts.

Authorising the check-off

A worker must give you written permission to take their union subscriptions from their wages.

This must be signed and dated. Their permission starts from this date and continues until they say otherwise.

If you take the check-off without proper permission you could be taken to an employment tribunal.

You can pre-print consent forms as long as the worker signs and dates the form themselves. Unions are also allowed to get the written consent from the worker then forward it to you.

Stopping the check-off

You must stop taking check-off payments if your employee asks you to.

They must give you written notice to stop the check-off and you must be given reasonable time to stop it.

You can stop running the check-off at any time. If it’s in your workers’ employment contracts, you may have to give them notice.

The role of the union in the check-off

The union does not have to help run the check-off. However, you can involve it if you want to. You could, for example, ask the union to help you get initial consent from its members.

You could also charge the union for the work involved in administering the check off.

Even if you involve the union in the check-off, it’s still your responsibility to make sure you make check-off deductions properly.

Rights of employees in trade unions

If you recognise a union, it will normally name one or more of your workers as its local workplace representatives (‘reps’).

Union reps have certain rights. They’re allowed reasonable time off work:

with pay for union duties and training at appropriate times

without pay to take part in union activities, eg the union’s annual conference (trade union members are entitled to this as well)

Reasonable time off does not have to be taken as annual leave.

Block lists

You cannot discriminate against anyone because they’re in the union or because of their union activity.

With rare exceptions, it’s also illegal to compile, use, sell or supply a ‘block list’ of union members that will be used to discriminate against them.


Your rights if your employer is insolvent

Overview

Your employer is insolvent if it cannot pay its debts.

They might:

make you redundant

ask you to keep working

transfer you to a new employer (if the business has been sold)

There are different types of insolvency:

administration

liquidation

bankruptcy

receivership

company voluntary arrangement

individual voluntary arrangement

debt relief order

Check if your employer is insolvent.

Depending on your situation, you can apply to the government for:

a redundancy payment

holiday pay

outstanding payments like unpaid wages, overtime and commission

money you would have earned working your notice period (‘statutory notice pay’)

You may be eligible for unemployment benefits if you lose your job. If you do not apply for benefits after you lose your job, you might get less money in your statutory notice pay payment.

Your rights

You have different rights depending on whether your employer:

makes you redundant (dismisses you)

asks you to keep working

transfers you to a new employer (if the business has been sold)

Your employer must have a consultation about why redundancies are happening and if there are any alternatives - they do not have to consult you directly.

If you’re made redundant

You’re made redundant if you’re dismissed from your job.

The person who is dealing with the insolvency (the ‘insolvency practitioner’ or ‘official receiver’) must tell you how your job is affected and what to do next.

They’ll also give you a:

RP1 fact sheet

‘CN’ (case reference) number to use when you apply for money you’re owed

You can apply to the government for:

a redundancy payment

holiday pay

Businesses can go through more than one insolvency. You cannot claim outstanding payments between the day of the first insolvency and the day you were dismissed, even if you did not know about the previous insolvency.

You can also apply to the court for compensation if you think you were dismissed unfairly or not consulted properly.

Compensation because you were dismissed unfairly

You can make a claim to the employment tribunal if:

you were dismissed unfairly (‘basic award’)

there was not a consultation about your redundancy (‘protective award’)

You’ll be claiming against the Secretary of State for Business, Energy and Industrial Strategy and your former employer (‘the respondents’).

If you continue working after the insolvency

You might be asked to continue working for your employer after they become insolvent.

You’ll still be eligible to claim for redundancy pay and other money you’re owed if you’re made redundant at a later date.

You cannot claim holiday pay, wages, bonuses or commission that you’re owed between the day of the insolvency and the day you were dismissed.

If you’re transferred to a new employer

You cannot claim any money from the government if you were transferred before your former employer became insolvent.

If you were transferred afterwards, you can apply for redundancy pay, statutory notice pay and outstanding payments such holiday pay, wages, commission and bonuses.

What you can get

What money you’re entitled to depends on:

how long you were employed

what was in your employment contract

your age

Payments are capped.

Redundancy pay

You’re normally entitled to redundancy pay if you:

have been made redundant

were an employee

were continuously employed by the insolvent business for 2 years or more

You’ll get:

half a week’s pay for each full year you were employed and under 22 years old

one week’s pay for each full year you were employed and between 22 and 40 years old

one and half week’s pay for each full year you were employed and 41 or older

Redundancy payments are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You can get a payment for a maximum of 20 years that you were employed at the business.

Calculate your redundancy pay.

Wages and other money you’re owed

You can apply for unpaid wages and other money you’re owed by your employer, for example bonuses, overtime and commission.

You’re only entitled to money that’s in your employment contract.

You’ll get up to 8 weeks of money you’re owed. It counts as a week even if you’re only owed money for a few days.

Payments for wages and other money you’re owed are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You pay income tax and National Insurance when you get unpaid wages and other money you’re owed. You might be able to claim a tax refund if you’ve paid too much.

Holiday pay

You can get paid for:

holiday days owed that you did not take (‘holiday pay accrued’)

holiday days you took but were not paid for (‘holiday pay taken’)

You’re only paid for holidays you took or accrued in the 12 months before your employer became insolvent.

You’ll only get payments for up to 6 weeks of holiday days. Holiday pay is capped at £544 per week (£538 per week if your employer went insolvent before 6 April 2021).

You pay income tax and National Insurance on your holiday payment. You might be able to claim a tax refund if you’ve paid too much.

Statutory notice pay

You’re entitled to a paid notice period when you’re made redundant, even if it is not in your contract.

You can claim for statutory notice pay if you:

did not work a notice period

worked some of your notice period

worked an unpaid notice period

Your statutory notice pay is worked out as one week’s notice for every year you were employed, up to a maximum of twelve weeks.

Payments are capped at £544 per week (£538 if you were made redundant before 6 April 2021).

Pension contributions

Contact the insolvency practitioner or official receiver if you’re missing contributions to your pension.

Apply for money you're owed

You’re eligible to apply if:

you were an employee

you’re a UK or EEA national (or a foreign national with permission to work in the UK)

If you’re not eligible (for example you’re a contractor) register as a creditor instead.

Apply for redundancy, unpaid wages and holiday within 6 months of being dismissed. You request to claim for loss of notice pay (‘statutory notice pay’) in your application.

If you requested to claim statutory notice pay, you’ll get sent a letter telling you when you can apply.

Claiming for redundancy, unpaid wages and holiday pay

You can apply as soon as you’ve been made redundant. The person dealing with the insolvency (the ‘insolvency practitioner’ or ‘official receiver’) will give you a ‘CN’ (case reference) number. You cannot claim without the CN number.

You must apply for redundancy pay within 6 months of being dismissed.

The application will ask if you want to apply for statutory notice pay. Choosing ‘Yes’ does not mean you’ve applied. You’ll be told when to apply.

Apply for redundancy, unpaid wages and holiday online.

Claiming for loss of notice pay (‘statutory notice pay’)

You need an ‘LN’ reference number to make a claim. It’ll be sent after your notice period would have ended. This is usually no more than 12 weeks after you’re dismissed.

You must apply for redundancy first - even if you’re not owed any money.

Employees at the same business can have different notice periods.

Once you have the LN reference number, claim online for loss of notice.

Money you get (or could have got) by claiming benefits will be deducted from your payment.

Help completing the online forms

Contact the Redundancy Payments Service if you have queries about completing the online forms. You’ll need your case reference number or National Insurance number.

You cannot currently call the Redundancy Payments Service.

After you apply

It usually takes up to 6 weeks to get your payment but can take longer.

Your information will be checked against the employer’s records, for example how much holiday you had accrued. You’ll only get a payment if the records show you’re owed money.

Any benefits you’re eligible to claim will be deducted from your statutory notice payment (even if you did not claim them).

If your application is rejected

Contact the Redundancy Payments Service - they’ll explain why your claim was rejected.

You can make a claim to the employment tribunal if you disagree with the decision. You’ll be claiming against the Secretary of State for Business Energy and Industrial Strategy and your former employer (‘the respondents’).

Help and advice

Contact the Redundancy Payments Service if you need help. You’ll need your case reference number or National Insurance number.

Help finding a new job

Contact your local Jobcentre Plus and ask for their Rapid Response Service for help finding a new job.

You’ll be able to use the service for up to 13 weeks after you’re made redundant.  You must have started your notice period to be eligible.

Get help to find a new job, improve your skills and claim benefits.


Check river conditions and closures

River levels and warnings

Check river levels

Check current river levels in England and Wales.

Strong stream warnings

The Environment Agency gives out stream warnings to tell you about conditions that may mean you should not go out in your boat. You may also see red flags at boat clubs.

You can check the latest strong stream warnings for the River Thames.

Choose option 1 when your call is answered and enter the quick dial code for the area of the River Thames you want to hear about. For other rivers, use one of the following:

River Nene - 032112

Great Ouse (Bedford to St Ives) – 033211

Great Ouse (St Ives to Earith) – 033212

Ancholme - 031212

You can also sign up to the strong stream advice messaging system for the Rivers Nene, Great Ouse and Ancholme (it’s free).

Check tide predictions

You can read tide predictions for the next 7 days for rivers in England and Wales.

You can also check:

live and predicted tides on the tidal Thames

tide predictions at Rye Harbour

tide predictions for Allington Lock on the River Medway

River Thames

You can check the following for the non-tidal River Thames, which is managed by the Environment Agency:

current conditions on the River Thames

river closures and restrictions

lock closures

emergency rendezvous points between Teddington and Lechlade

You can also check current works and closures on the tidal Thames, which is managed by the Port of London Authority.

You should read the navigation bylaws and registration bylaws before you set out.

You can also check:

information about bridges, locks and facilities for boaters

the River Thames and connecting waterways: cruising guide

Port of London Authority information about boating on the Thames

River Medway

You can check conditions, closures and restrictions on the River Medway (updated during business hours - Monday to Friday, 9am to 5pm).

You can telephone Allington Lock for the latest information outside of business hours.

You should read the navigation bylaws for the Upper Medway and Southern Region.

You can also read the user’s guide to River Medway.

Anglian Waterways

You can check conditions, closures and restrictions on Anglian Waterways.

You should read the recreational bylaws before you set out.

You can also download information about facilities and safety for the following rivers:

Black Sluice

River Ancholme

River Welland and Glen

River Great Ouse

River Nene

River Stour

Rye Harbour

You can check conditions, closures and restrictions at Rye Harbour.

You should also check the Rye Harbour:

passage, pilot and mooring information for boaters

map guide

bylaws

Scotland, Northern Ireland and other parts of England

You can check:

river and canal closure information on Canal & River Trust waterways in England

canal works and closures on Scottish Canals

river and canal restrictions and closures on Waterways Ireland