In the latest column on coach and bus legal issues, JMW Solicitors’ experts cover SSP and drivers who report having Parkinson’s disease
With new Statutory Sick Pay (SSP) rules coming into force, what process should operators follow to validate sickness absence and how can they protect themselves from the risk of paying SSP when an employee may not be genuinely unfit for work?
From 6 April, all employees will be entitled to SSP from the first day of any sickness absence.
This is likely to raise concerns for many operators, particularly around the risk of employees taking “duvet days”.
SSP is currently payable from day four of absence; under the new legislation, this will apply from day one.
Another change is that, whereas employees at the moment need to earn at least £125 per week to qualify for SSP, all will be eligible.
However, the Employment Rights Act 2025 has not altered rules on sickness evidence.
Employees may continue to self-certify sickness for the first seven calendar days of absence, but any period of sickness lasting longer will still require a fitness for work certificate (fit note) from an authorised healthcare professional.
Employers should review and, where necessary, strengthen sickness absence policies.
Self-certification should be supported by clear internal reporting procedures, such as requiring employees to personally telephone their line manager when unwell. Return-to-work meetings should also be consistently carried out.
Operators should also review company sick pay arrangements. There is no requirement to align enhanced contractual sick pay with SSP changes.
Contractual sick pay can still be subject to conditions, such as completion of a probationary period or a minimum length of service.
Finally, robust absence monitoring is essential. Keeping accurate records of absence dates, duration, and reasons will help identify patterns.
Where recurrent one-off absences occur, an attendance management plan may be required to address the issue fairly and consistently.
One of my drivers has notified me they have Parkinson’s disease. What do I need to do or consider?
Parkinson’s disease is a progressive neurological condition. The primary symptoms include tremors, slow movement, and muscular stiffness, as well as problems with mental health, balance, smell, sleeping and memory.
The disease affects individuals very differently and, particularly in the early stages, many can continue driving safely for some time. You should not therefore make assumptions about the driver’s ability to continue working.
Your driver must notify DVLA of their diagnosis. Their fitness to drive will then be considered.
The individual may continue to drive as long as safe vehicle control is maintained at all times and, in many cases, DVLA will issue a licence for a shorter review period rather than revoke it outright.
But, if the individual’s condition is disabling and/or there is clinically significant variability in motor function, the licence will be revoked.
You should ask whether DVLA has been informed. If the driver refuses to make a report, you can do so yourself (medical information should be kept confidential and shared on a strictly need-to-know basis, but the potential road safety risk here is likely to trump the individual’s right to privacy).
You should also notify your insurance provider and consider taking legal advice.
In addition, an Occupational Health assessment can provide independent advice on fitness to drive, medication side effects, fatigue, reaction times and any reasonable adjustments that may be appropriate.
Parkinson’s disease is treated as a disability in the UK, so you must not discriminate and you have a duty to consider reasonable adjustments, such as shift pattern changes or additional rest breaks.
Driving duties should only be restricted where there is clear medical evidence, DVLA action or evidence suggesting an immediate safety risk.
Even then, operators must explore redeployment or alternative work before considering dismissal.
[Answers by Laura Hadzik, Partner; Rachel Steel, Solicitor; and Holly Murphy, Trainee Solicitor, JMW Solicitors]
