New law has been introduced 16th April 2020 to classify those advised to shield are considered unfit for work and entitled to Statutory Sick Pay.
This new regulation amends the Schedule to the Statutory Sick Pay (General) Regulations 1982 which sets out categories of persons who are deemed to be incapable of work by reason of coronavirus.
Regulation 2 adds a new category of persons. These are persons defined in guidance issued by Public Health England, the Scottish Ministers or Public Heath Wales as being extremely vulnerable and at very high risk of severe illness from coronavirus because of an underlying health condition, and who have been advised, in accordance with that guidance, to follow rigorously shielding measures.
This especially benefits zero or low contract hours workers who, unlike salaried employees, would receive little or no pay. Now, subject to qualifying conditions, they may qualify at least for SSP.
ACAS indicate that:
It could be unlawful discrimination on the grounds of pregnancy, disability or age if an employer either:
- unreasonably tries to pressure someone to go to work
- unreasonably disciplines someone for not going to work
PAYadvice.UK 16/4/2020 updated 17/4/2020