In a move which perhaps the government wanted (allowing employers to seek to encourage vaccination or at least penalise those who are not vaccinated), sick pay for self-isolating unvaccinated employees without a medical exemption, mitigating circumstances or a confirmed vaccination appointment is being reduced to the statutory level by a number of large employers. 

From 10 January 2022, Wessex Water employees are being paid only statutory sick pay (SSP) if they must self-isolate after being identified as a close contact of someone with COVID-19. Self-isolation is currently only a requirement for close contacts who have not had two COVID-19 vaccinations. Full company sick pay will still be paid to unvaccinated employees who have a positive COVID-19 test result. 

 

Ikea implemented a similar policy in September 2021, with full company sick pay available for all employees who test positive for COVID-19 but only SSP available for those self-isolating after being identified as a close contact (unless their reason for being unvaccinated falls under the company's mitigating circumstances exemption).   Next have this week confirmed that they will now be applying a similar policy as Ikea, paying SSP only to unvaccinated staff that are isolating. 

 

This policy change by some employers has been met with a warning that offering reduced sick pay may lead to breach of contract or discrimination claims, though the writer's view is that with the right advice and following the correct procedures it is likely that most employers will be entitled to enforce such a policy - should they wish to do so.