What is Statutory Sick Pay, who qualifies, how much is it, and what to do if your employer refuses to pay. Complete 2026 guide from National Employees Union.
You are off sick. You are worried about money. Your employer may owe you more than they have offered — or may owe you anything at all. Statutory Sick Pay (SSP) is a legal minimum that most employees are entitled to, but many employers get it wrong, delay payments, or refuse to pay. This guide sets out who qualifies, how much you receive, how long it lasts, and what to do if your employer will not pay.
Contents
- What is Statutory Sick Pay?
- Who qualifies for SSP?
- How much is SSP in 2026?
- How long can you receive SSP?
- Waiting days: when SSP starts
- Company sick pay vs SSP
- What your employer must do
- What if your employer refuses to pay SSP?
- Sick pay and disciplinary action
- FAQs
- How National Employees Union can help
What is Statutory Sick Pay?
Statutory Sick Pay (SSP) is a legal minimum payment your employer must make when you are too ill to work. The government sets the rate. Your employer pays it through normal payroll, on your normal pay day. SSP replaces your wages for the days you would normally work — your “qualifying days.”
The rules are set out in the Social Security Contributions and Benefits Act 1992 and regulated by HMRC.
Who qualifies for SSP?
You qualify if you are an employee (not self-employed), earning at least £123 per week on average before tax (the Lower Earnings Limit for 2025/26), off sick for four or more consecutive days including weekends and non-working days, and not already receiving SSP for the maximum 28 weeks.
This includes part-time workers, agency workers, and those on zero-hours contracts who meet the earnings threshold.
You do not need a fit note for the first seven days. For absences of seven days or fewer, you can self-certify — simply tell your employer you are unwell. After seven days, your employer can ask for a fit note from your GP.
Who does not qualify?
You may not be entitled to SSP if you earn below the Lower Earnings Limit (£123/week), are self-employed, have already received 28 weeks of SSP, are receiving Statutory Maternity Pay or Maternity Allowance, or are in a trade dispute.
If you do not qualify, your employer must give you an SSP1 form explaining why. That form allows you to claim Employment and Support Allowance (ESA) or Universal Credit instead.
How much is SSP in 2026?
The current rate is £116.75 per week (2025/26 tax year). This is a flat rate. It does not vary based on your normal earnings.
For a five-day worker, that works out to roughly £23.35 per day. For most employees, this is a fraction of their normal take-home pay. This is why checking whether your employer offers a company sick pay scheme matters (see below).
SSP is subject to normal tax and National Insurance deductions.
How long can you receive SSP?
SSP can be paid for a maximum of 28 weeks in a single period of sickness.
If you are still unwell after 28 weeks, you may be able to claim Employment and Support Allowance (ESA), Universal Credit (which includes a health-related element), or Personal Independence Payment (PIP) if your condition affects your daily living or mobility.
Your employer should give you an SSP1 form at least four weeks before your SSP runs out, so you have time to apply.
Linked periods of sickness
If you return to work but fall ill again within eight weeks, the two periods of sickness are “linked.” The waiting days do not apply again, but the 28-week clock continues from where it left off rather than resetting.
Waiting days: when SSP starts
SSP does not start from day one of your illness. There is a three-day waiting period before it begins. These are the first three qualifying days in your period of sickness.
Example:
| Day | Status | SSP? |
| Monday (day 1) | Sick — qualifying day | Waiting day 1 |
| Tuesday (day 2) | Sick — qualifying day | Waiting day 2 |
| Wednesday (day 3) | Sick — qualifying day | Waiting day 3 |
| Thursday (day 4) | Sick — qualifying day | SSP starts |
| Friday (day 5) | Sick — qualifying day | SSP paid |
If your employer has a company sick pay scheme, it may cover the waiting days. Check your contract.
Company sick pay vs SSP
Many employers offer contractual (company) sick pay that exceeds the statutory minimum — full pay for a set number of weeks, half pay for a further period, no waiting days.
Check your employment contract and your employer’s sickness absence policy. If company sick pay is more generous than SSP, your employer pays the company rate (not both on top of each other).
Your employer cannot pay you less than SSP. If your contract is silent on sick pay, the statutory minimum still applies.
If you are unsure what you are entitled to, ask HR for a copy of the sickness absence policy — or check your written statement of employment particulars, which your employer is legally required to provide.
Company sick pay comes from your contract, so read whether your employer can change your contract before accepting a cut.
What your employer must do
Your employer has clear legal obligations:
- Pay SSP if you qualify — through normal payroll, on your normal pay day
- Not demand a fit note for absences of seven days or fewer (self-certification is sufficient)
- Accept fit notes from your GP for absences over seven days — they cannot insist on a private medical report unless your contract specifically allows it
- Give you an SSP1 form if they believe you do not qualify, with the reason
- Not dismiss you simply for being off sick — sickness absence can be a reason for dismissal in extreme cases, but only after a fair process. In many cases, the illness may be disability-related, which triggers additional protections under the Equality Act 2010
What if your employer refuses to pay SSP?
Step 1: ask why, in writing
Request a written explanation. Your employer must either pay SSP or issue an SSP1 form explaining why you do not qualify. Refusing to do either is unlawful.
Step 2: contact HMRC
HMRC is responsible for enforcing SSP. You can ask HMRC to make a formal decision on whether your employer should be paying. Call the Statutory Payment Disputes team on 0300 322 9422 or write to HMRC.
Step 3: raise a formal grievance
If the refusal to pay SSP is part of a wider problem — your employer is trying to force you out or punish you for being ill — consider raising a formal grievance. See our guide on how to write a grievance letter.
Step 4: seek advice
If the situation is not resolved, speak to ACAS (0300 123 1100) or a trade union. Your options may include an Employment Tribunal claim for unlawful deduction of wages.
Sick pay and disciplinary action
A common concern: can your employer discipline you for being off sick?
Sickness absence can be managed through a formal process, but the employer must act reasonably. This typically means conducting return-to-work interviews, monitoring absence patterns, seeking occupational health advice, exploring adjustments, and only moving to formal warnings after a fair, supportive process.
If your sickness is related to a disability (as defined by the Equality Act 2010 — a physical or mental impairment that has a substantial, long-term effect on your ability to carry out day-to-day activities), your employer has a duty to make reasonable adjustments and cannot treat you less favourably because of your disability.
Dismissing an employee for disability-related sickness absence without proper consideration of reasonable adjustments is likely to be both unfair dismissal and disability discrimination.
For more about your rights in formal proceedings, see our complete guide to disciplinary and grievance procedures.
Absence cases often turn into hearings, so read your rights at a disciplinary hearing.
Long absence can end in dismissal for sickness absence, and your employer must follow a proper process first.
FAQs
Do I qualify for SSP on a zero-hours contract?
You may qualify, provided your average weekly earnings meet the Lower Earnings Limit of £123 per week. Having no guaranteed hours does not automatically disqualify you. Average earnings are calculated over the eight weeks before your sickness started. If you regularly earn above the threshold during that period, you should be entitled to SSP on the same basis as any other employee.
Can my employer ask for a fit note from day one?
No. For absences of seven days or fewer, you have the right to self-certify. After seven calendar days of sickness (including weekends), your employer can require a fit note from your GP.
What if my GP says I “may be fit for work”?
A “may be fit for work” note means your GP believes you could return if your employer makes adjustments — amended duties, altered hours, a phased return, or workplace adaptations. Your employer should discuss these options with you. If they cannot reasonably accommodate the adjustments, the fit note has the same effect as a “not fit for work” note — you remain off sick and SSP continues.
Can I work for another employer while receiving SSP?
There is no law preventing it, provided the other work does not undermine your claim of being too ill to perform your main role. Light office work might be manageable when physical labour is not. Be transparent. Your main employer may question your sickness absence if they discover you are working elsewhere.
Does SSP affect my annual leave entitlement?
No. You continue to accrue annual leave while off sick. This is a legal right under the Working Time Regulations 1998. Your employer cannot reduce your entitlement because of sickness absence. If your illness prevents you from taking leave during the leave year, you can carry it over.
How National Employees Union can help
Sick pay disputes are one of the most common issues our members bring to us. Whether your employer is refusing to pay, using your sickness absence as grounds for disciplinary action, or ignoring their duty to make adjustments, we can help.
National Employees Union members get:
- Expert advice on your sick pay entitlement — statutory and contractual
- Support with grievances if your employer refuses to pay or treats you unfairly because of sickness
- A trained representative at any formal meetings about your attendance or capability
- Guidance on disability discrimination and reasonable adjustments
- Help with Employment Tribunal claims for unlawful deduction of wages
If you are dealing with a sick pay problem, do not try to resolve it alone.
Join the National Employees Union
Membership from £15/month.
Written by the National Employees Union team. We advise employees on statutory and contractual sick pay rights across all sectors. This guide is reviewed regularly and was last updated in July 2026. For advice on your situation, contact us.
