Section 156 Notification of incapacity for work.

England, Wales and Scotland

(1)

Regulations shall prescribe the manner in which, and the time within which, notice of any day of incapacity for work is to be given by or on behalf of an employee to his employer.

(2)

An employer who would, apart from this section, be liable to pay an amount of statutory sick pay to an employee in respect of a qualifying day (the “day in question”) shall be entitled to withhold payment of that amount if—

(a)

the day in question is one in respect of which he has not been duly notified in accordance with regulations under subsection (1) above; F1...

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Where an employer withholds any amount of statutory sick pay under this section—

(a)

the period of entitlement in question shall not be affected; and

(b)

for the purposes of calculating his maximum entitlement in accordance with section 155 above the employee shall not be taken to have become entitled to the amount so withheld.

Annotations

Textual amendments

F1: S. 156(2)(b) and word omitted (6.4.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 10(7), 159(3); S.I. 2026/373, reg. 2(a) (with regs. 3, 4)