Below we have set out some of the different employment scenarios arising from the COVID-19 social distancing measures and what they mean for employees' entitlement to pay.
Coronavirus and pay
If they can work from home: Entitled to be paid.
If they cannot work from home: Not entitled to be paid.
If they can work from home: Entitled to be paid.
If they cannot work from home: Entitled to SSP or contractual sick pay.
If they can work from home: Entitled to be paid.
If they cannot work from home: Entitled to SSP or contractual sick pay.
If they can work from home: Entitled to be paid.
If they cannot work from home: Entitled to SSP or contractual sick pay.
If they can work from home: Entitled to be paid (unless the employment contract provides for temporary lay-off).
If they cannot work from home: Entitled to be paid (unless the employment contract provides for temporary lay-off).
If they can work from home: Entitled to be paid.
If they cannot work from home: Entitled to be paid (unless the employment contract provides for temporary lay-off).
If they can work from home: Entitled to be paid.
If they cannot work from home: At present employees will be entitled to SSP (unless the employment contract provides for temporary lay-off).
If they can work from home: Entitled to be paid.
If they cannot work from home: Not automatically guaranteed SSP, but may be entitled in some circumstances (see below).
Coronavirus and pay
If they can work from home: Entitled to be paid.
If they cannot work from home: Not entitled to be paid.
If they can work from home: Entitled to be paid.
If they cannot work from home: Entitled to SSP or contractual sick pay.
If they can work from home: Entitled to be paid.
If they cannot work from home: Entitled to SSP or contractual sick pay.
If they can work from home: Entitled to be paid.
If they cannot work from home: Entitled to SSP or contractual sick pay.
If they can work from home: Entitled to be paid (unless the employment contract provides for temporary lay-off).
If they cannot work from home: Entitled to be paid (unless the employment contract provides for temporary lay-off).
If they can work from home: Entitled to be paid.
If they cannot work from home: Entitled to be paid (unless the employment contract provides for temporary lay-off).
If they can work from home: Entitled to be paid.
If they cannot work from home: At present employees will be entitled to SSP (unless the employment contract provides for temporary lay-off).
If they can work from home: Entitled to be paid.
If they cannot work from home: Not automatically guaranteed SSP, but may be entitled in some circumstances (see below).
The current position (20.03.20) in relation to zero hours workers is they will be entitled to SSP if they reach the Lower Earnings Limit and earn at least £118 (before tax) per week. This can be difficult to determine as zero hours contracts are likely to fluctuate by nature, therefore employers will need to work out if the worker's average weekly earnings in a relevant period (RP). The RP is a period of time long enough to ensure there is a fair representation of the worker's average earnings. The end date must be decided first and the start date second. The end date of the RP is the last normal payday before the first complete day of sickness, and the start date of the RP is a date no less than eight weeks before the end date. The RP must also be a full pay period. Those on zero hours contracts who are not entitled to SSP can apply for Universal Credit.
There is pressure on the government to re-address this position in the current circumstances, and we expect developments in this area soon.