Statutory sick pay (SSP) in the UK (2026): Rates, eligibility, and duration

Statutory sick pay is a legally mandated minimum payment that eligible employees generally receive when unable to work due to illness. From 6 April 2026, significant reforms take effect: SSP rises to £123.25 per week, the earnings threshold is removed, and the 3-day waiting period is abolished. This guide covers current eligibility criteria, rates, duration limits, medical evidence requirements, and your remedies for non-payment. For disputes or dismissal concerns, consult a UK employment solicitor specialising in employment law or sick pay disputes.

Keep reading to confirm whether you qualify and what to claim if payment is withheld.

SSP rates & weekly payment amount in 2026

From 6 April 2026, the statutory sick pay rate increases to £123.25 per week. Employees earning substantially above this may receive 80% of average weekly earnings instead, where that figure is higher. Payment applies only on qualifying days, i.e. days on which you would normally work.

1. Until 5 April 2026: £118.75 per week flat rate.
2. From 6 April 2026: £123.25 per week flat rate, or 80% of average weekly earnings (measured over 8 weeks prior to illness), whichever is higher (per Employment Rights Act 2025).
3. Your daily rate = weekly payment ÷ your contracted qualifying days (e.g., £123.25 ÷ 5 = £24.65 per day for five-day workers).
4. Tax and National Insurance are deducted at source; net payment is typically 70–80% of gross SSP.
5. Qualifying days are days you would normally work per your contract (SSP Regulations 1982, regulation 5).

SSP eligibility requirements: Meeting the statutory test

To be entitled to statutory sick pay, three cumulative conditions must generally be satisfied: employee classification, continuous employment duration, and (currently, until 5 April 2026) an earnings threshold. From 6 April 2026, the earnings barrier is removed by statute.

1. You must be classified as an employee (not self-employed, contractor, or worker) under an employment contract (ERA 1996, s.151).
2. You must have completed 2 continuous calendar months of employment before the first day of sickness absence.
3. Earnings threshold (until 5 April 2026): average of at least £125 per week in the 8 weeks preceding illness. From 6 April 2026, this is removed.
4. You must notify your employer of sickness using their specified method (or within 7 days if no method is specified).
5. Part-time workers qualify on the same basis; entitlement is pro-rata based on contracted qualifying days.
6. Agency workers are generally treated as employees for SSP purposes if engaged under a contract of employment; check your contract for confirmation.

Waiting days & When SSP payment begins

The first qualifying days of illness are waiting days, SSP does not apply to these. Under current rules (until 5 April 2026), payment begins on the 4^th consecutive calendar day of absence. This waiting period will be abolished entirely from 6 April 2026 (per Employment Rights Act 2025).

1. Until 5 April 2026: the first 3 calendar days of sickness are waiting days; SSP is payable from the 4^th calendar day onwards (SSP Regulations 1982, regulation 2).
2. From 6 April 2026 onwards: no waiting period applies; SSP is payable from day 1.
3. If you return to work and fall ill again within 28 calendar days, the new absence is treated as linked; waiting days do not reset (SSP Regulations 1982, regulation 2A).
4. Absences separated by more than 28 days trigger a fresh period of entitlement.

Duration limits: Maximum 28-week SSP entitlement

Statutory sick pay may be paid for a maximum of 28 weeks per period of entitlement, measured from the first day of absence on a rolling 12-month basis. Once exhausted, alternative benefits (Employment Support Allowance, Universal Credit) may become available.

1. Payment runs for up to 28 weeks consecutively within a single claim period (SSP Regulations 1982, regulation 3A).
2. The 12-month rolling period commences on the first day of illness, not the calendar year.
3. Linked periods: if new sickness begins within 28 calendar days of the previous absence ending, it is treated as a continuation; the 28-week counter does not reset.
4. Your employer may begin capability dismissal proceedings after the 28-week limit, provided they follow proper procedure.

SSP employer obligations: Legal payment & record requirements

Employers must pay statutory sick pay to eligible employees without unreasonable delay, maintain accurate records, and handle medical evidence requests fairly. Breaches are statutory violations triggering HMRC enforcement or tribunal claims.

1. Payment: SSP must be paid on the normal payday; employers cannot withhold payment pending a Fit Note for days 1-7.
2. Written notification: employers must confirm SSP entitlement or non-entitlement in writing within a reasonable timeframe, specifying the rate, payment dates, 28-week duration limit, and reason for any refusal (ERA 1996, s.152).
3. Fit Note requests: employers may request a Fit Note only after day 7; demanding one earlier is unlawful, as is rejecting reasonable accommodation for GP delays.
4. Record-keeping: employers must retain absence records, qualifying days, SSP payments, and tax/NI deductions for at least 3 years; records must be produced on HMRC request (SSP Regulations 1982, regulation 13).
5. SSP1 form: if an employee is ineligible, employers must issue form SSP1 in writing within 7 days, stating the reason (earnings threshold, employment status, or length of service).

SSP vs. contractual sick pay: Which applies?

Many employment contracts include contractual sick pay schemes that exceed statutory minimums. Where contractual entitlement is more generous, you receive the higher amount; SSP is a legal floor, not a ceiling. However, contracts may permit employers to offset SSP against contractual payments.

1. Contractual entitlement takes priority: you receive the contractual amount, unless your contract permits offset.
2. Offset clauses: if your contract explicitly permits deduction of SSP from contractual pay, employers may do so provided the total paid does not fall below statutory SSP.
3. Silent contracts: if your contract does not address SSP interaction, both may apply, meaning you receive more than statutory entitlement; this depends on contract interpretation.
4. Ordinary pay only: only ordinary pay (excluding bonuses and commissions) is averaged for SSP calculation, unless your contract defines such payments as wages (SSP Regulations 1982, regulation 19).
5. Garden leave, suspension, notice periods: SSP may cease if you are not “incapable of work” in your contractual role; clarify your status in writing immediately.

SSP non-payment remedies: ACAS, Tribunal & HMRC

If your employer wrongfully refuses or fails to pay statutory sick pay, you have multiple remedies. The 3-month deadline applies from the date of alleged non-payment, not illness onset.

1. ACAS Early Conciliation (fastest, free)

ACAS conciliation is a mandatory step before tribunal; failure to contact ACAS may result in your claim being rejected.

1. Contact: ACAS Conciliation within 30 days of non-payment.
2. Conciliation is free and confidential; you must complete it before lodging a tribunal claim.
3. Employment Tribunal Claim (breach of contract)

If ACAS conciliation fails or your employer does not engage, you may lodge a claim at your local Employment Tribunal for breach of contract.

1. Claim limit: damages capped at £25,000 per claim (ERA 1996, s.132).
2. Qualifying service: no minimum service required.
3. Deadline: claim must be lodged within 3 months of non-payment. Deadlines are strict; late claims are rarely accepted.
4. Evidence: keep all payslips, absence logs, notification emails, and correspondence; these are primary evidence.
5. HMRC Statutory Payment Dispute Team (regulator enforcement)

HMRC can investigate non-payment and issue a Recoverable Amount Notice (RAN) requiring payment.

1. Contact: HMRC Statutory Payment Dispute Team (gov.uk).
2. Limitation: HMRC recovery is limited to SSP itself; you cannot claim consequential loss.

Do I need an employment solicitor for SSP disputes?

A UK employment solicitor can assess your claim strength, calculate potential damages, and navigate tribunal procedure, reducing the risk of procedural rejection.

1. Claim strength & damages: solicitors identify weaknesses in your employer’s defence, calculate recoverable losses, and advise on settlement realism, particularly valuable if your employer disputes eligibility, your contract contains complex offset clauses, or damages exceed £5,000.
2. Procedural compliance & tribunal representation: solicitors ensure ACAS conciliation is completed, tribunal claims are filed within strict 3-month deadlines, and evidence is properly prepared, reducing rejection risk from procedural errors, which are common and often fatal in self-represented claims.
3. Cost-benefit guidance: solicitors advise whether self-application is realistic (simple non-payment under £3,000 with clear records) or whether legal representation is cost-effective (claims over £5,000, involving constructive dismissal or discrimination, or requiring tribunal advocacy).

FAQs

How much is statutory sick pay in the UK from April 2026? From 6 April 2026, SSP is £123.25 per week (or 80% of average weekly earnings, whichever is higher); until 5 April 2026, it is £118.75 per week.

How long can you get statutory sick pay for? SSP can be paid for a maximum of 28 weeks per rolling 12-month period; after this, you may be eligible for Employment Support Allowance or Universal Credit.

Who is eligible for statutory sick pay? You are eligible if you are an employee, have completed 2+ continuous calendar months of employment, earn at least £125/week (until 5 April 2026; threshold removed from 6 April 2026), and notify your employer of sickness.

Statutory sick pay is a legally enforceable entitlement: £123.25 per week (or 80% of earnings, whichever is higher) for up to 28 weeks per illness. From 6 April 2026, no waiting period, no earnings threshold, and enhanced calculations expand access to more workers.

This is legal guidance only, not personalised advice; consult a solicitor or ACAS if you face non-payment or dismissal.

Qredible: Verified solicitor matching for SSP disputes

Use Qredible’s matching tool to find a regulated solicitor in your region; your first consultation will clarify claim strength and likely tribunal outcomes.

KEY TAKEAWAYS:

• SSP eligibility requires employee status, 2+ months’ continuous employment, and earnings above £125/week until 5 April 2026. From 6 April 2026, all employees qualify regardless of pay. Payment is £123.25 per week (or 80% of earnings, if higher) for up to 28 weeks per rolling 12-month period.
• Non-payment is remedied by ACAS conciliation (free, mandatory before tribunal), tribunal claims (capped at £25,000; 3-month deadline), or HMRC enforcement. Contact ACAS immediately if non-payment is discovered.
• SSP calculation depends on average weekly earnings over 8 weeks, contracted qualifying days, and tax/NI deductions. Verify your entitlement via HMRC calculator before claiming to prevent disputes.