Sick Pay in the UK: Understanding Your Sick Pay Entitlements

Published : January 19, 2026

Individuals may be entitled to sick pay if they are absent from work due to sickness. The amount of sick pay entitlement they will receive depends on their eligibility and occasionally, their contractual entitlement. In our latest article, we examine what statutory sick pay is, discuss upcoming reforms, and answer common questions about it.

If you’re unsure about your entitlements or believe your rights have been breached, contact Redmans Solicitors without delay. Our team of employment specialists is here to help. Following a brief consultation, we can assess your circumstances and provide the answers you’re looking for. We can also determine your eligibility to bring a claim and guide those eligible through each stage of the process.

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Statutory Sick Pay (“SSP”)

SSP is paid to individuals who are absent from work due to sickness and meet three qualifying conditions. Following reforms under the Employment Rights Act 2025 (“the Act”), to satisfy said conditions, individuals must:

  1. Be an employee or an agency worker.
  2. Have done some work for their employer.
  3. Have been ill for at least one full working day.

If the above conditions are satisfied, eligible individuals will be entitled to receive £123.25 per week or 80% of their normal weekly earnings (whichever is lower), for up to 28 weeks.

The SSP Rate

The SSP rate is currently £123.25 per week or 80% of an individual’s normal weekly earnings (whichever is lower), and increases annually at the start of the new financial year. However, whilst the rate does increase annually, there’s an argument that it lags significantly behind wage growth and the cost of living.

Read More: Lab Assistant Awarded £70K in Disability Discrimination Claim After Being Dismissed for Taking Sick Leave

Furthermore, roughly 25% of all employees (around seven to eight million people) receive only the legal minimum SSP. This group is disproportionately composed of younger workers and women in sectors such as retail, care, and hospitality. As such, while the Act fixed the access problem, it doesn’t address the adequacy problem, and this will have a significant impact on millions of people.

Contractual Sick Pay

Many companies offer sick pay, which is higher than SSP. There are usually no “waiting days,” and it’s commonly paid for anywhere from 13 to 26 weeks, or longer in some circumstances. Individuals can find out if they’re entitled to company sick pay by reviewing their contract of employment or their employer’s sickness absence policy.

Employers may set out requirements for receiving the company’s sick pay, such as the time and method by which individuals must report their absences. The policy will also set out the rate of pay and the duration for which it will be paid. If it’s not set out in writing, the general view is that SSP would only be paid, or that any court can consider all the facts and circumstances and determine whether it’s implied in the contract by custom and practice in the workplace.

When employees earn commission or bonuses, the rate of sick pay may be affected; in such cases, it’s recommended that individuals seek legal advice.

How to Claim Contractual Sick Pay

If an individual is unwell at work and seeking to claim contractual sick pay, it’s important they review their contract and/or policy to ensure they follow the company’s protocol for claiming sick pay.

The most common procedure is:

  1. Notifying one’s employer – The individual must tell their employer as soon as possible that they’re sick. Most companies will ask employees to notify them by a specific time (e.g., 9 am), so it’s important to be aware of this.
  2. Self-Certification (Days one to seven) – For the first seven days of illness, the individual doesn’t require a doctor’s Fit Note to claim sick pay. Again, it’s worth checking the employer’s policy and procedure in this respect. But up to seven days, the individual can self-certify by telling their employer that they’re unwell.
  3. Fit Notes (Day eight+) – If the individual is absent for more than seven days, a Fit Note from a GP, hospital doctor or healthcare professional is required.

If the individual fails to notify their employer, there’s a risk that their employer will consider the absence unauthorised, which could lead to disciplinary action.

Frequently Asked Questions

What if I have more than one job?

Once the earnings limit has been removed, individuals will be able to claim SSP from each employer they work for, provided they meet the eligibility criteria for each job.

Can I be fired for being on sick leave?

While individuals have “day-one” rights to sick pay, employers can still initiate absence management procedures if the sickness impacts the business due to its frequency or length. However, the employer must follow a fair process.

Read More: Parental Leave Rights UK: Day-One Entitlement Confirmed from April 2026

Should my employer wait until my sick pay is exhausted before they can fire me?

No, employers aren’t obliged to wait until the sick pay is exhausted.

My employer’s contractual sick pay is discretionary, and my employer has decided to stop paying it. Can they do this?

Yes, depending on their company policy and if it’s applied consistently and fairly across the business. The employer should act “even-handed” and not “irrationally.”

What if my SSP runs out?

SSP lasts for a maximum of 28 weeks. If an individual is still too unwell to work after this:

  • Form SSP1: The employer must provide the SSP1 form in the 23rd week (or as soon as SSP ends) so the individual can claim benefits.
  • Government Support: The individual may be eligible for “New Style” Employment and Support Allowance (ESA) or Universal Credit.
  • Holiday Pay: Annual leave will continue to accrue while on sick leave. Some people choose to “take” a week of holiday to get their full regular pay instead of SSP.

Can I get SSP if I am self-employed?

No. SSP is only for employees. If an individual is a sole trader or in a partnership, they cannot claim SSP.

What happens if I get sick while on holiday?

If an individual is ill during a pre-booked holiday, they have the right to “convert” that holiday time into sick leave. This allows the individual to save their holiday days for a later date when they are well enough to enjoy them. However, they must follow their company’s normal sickness reporting procedure while away.

What if my employer refuses to pay?

If the employer refuses to pay SSP or pays the wrong amount, the individual should consider raising a formal grievance. If that doesn’t work, though, they can contact the HMRC Statutory Payment Dispute Team at 0300 322 9422.

Issues with Sick Pay? Get Help with Redmans

If you believe your workplace entitlements regarding sick pay have been breached, contact Redmans Solicitors now. Our team of employment experts is here to help, and after a brief chat, we can provide specialist advice.

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The information on this page is intended for general informational purposes only and does not constitute legal advice.