Will the new sick pay rules apply to part-time, agency, or migrant workers?

Yes. The reforms to Statutory Sick Pay (SSP) are intended to extend access to sick pay for many workers who were previously excluded, including some part-time, agency and migrant workers. 

A key change is the removal of the Lower Earnings Limit, which previously prevented many low-paid workers from qualifying for SSP. As a result, more workers with irregular hours, part-time jobs or lower earnings are expected to become eligible. 

Agency workers who meet the qualifying conditions for SSP will also be entitled to receive it. Responsibility for paying SSP will usually rest with the worker's employer, which may be the employment agency rather than the organisation where the work is carried out. 

Migrant workers who are legally working in the UK and meet the eligibility requirements will generally have the same entitlement to SSP as other workers. Employment rights are based on employment status and eligibility criteria, not nationality. 

The reforms are intended to ensure that access to sick pay is available to a wider range of workers, particularly those in insecure or low-paid work who have traditionally been less likely to qualify. 

What this means for union reps 

• More part-time, low-paid and agency workers may become entitled to SSP as a result of the removal of the Lower Earnings Limit. 
• Reps may see increased demand for advice from workers who were previously excluded from sick pay and are unsure about their new rights. 
• Agency workers may need support in identifying who is responsible for paying SSP and resolving disputes where responsibility is unclear. 
• The reforms may be particularly significant for workers in insecure employment, helping to reduce the financial impact of short periods of sickness absence.