Skip to main content
Know Your Rights UK
HomeEmploymentSick Pay

Sick Pay: Statutory Rights and What Your Employer Owes You

Last updated: Checked against primary legislation on legislation.gov.uk

If you're off work because of illness, you have a right to Statutory Sick Pay (SSP), provided you meet the qualifying conditions. Many employees are also entitled to more under their employment contract, so it's worth knowing where you stand.

Key points
  • SSP is £123.25/week (2026/27) or 80% of average weekly earnings, whichever is lower
  • Paid by your employer for up to 28 weeks of absence
  • Day-one SSP from 6 April 2026, no lower earnings limit, no 3-day waiting period
  • Self-certify for the first 7 days; a fit note is needed after that
  • When SSP ends your employer issues form SSP1 to support an ESA or Universal Credit claim

Get instant help right now

A Citizens Advice appointment can take weeks. Our free assistant is available 24/7 with no appointment, giving you clear, step-by-step answers about your exact situation, what to do next, and the deadlines that matter.

Instant answers24/7, No appointmentFree to usePrivate, No sign-up
Chat with Advisor, it's free

Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.

Who qualifies for Statutory Sick Pay?

You're entitled to SSP if:

  • You're classed as an employee (not a self-employed contractor)
  • You've been off sick for at least 4 consecutive days (including non-working days)
  • You've told your employer you're ill within their reporting deadline (or within 7 days if no policy exists)
Employment Rights Act 2025, day-one SSP from 6 April 2026: From 6 April 2026, the lower earnings limit (LEL) qualifying condition has been abolished. All employees are entitled to SSP from their first day of employment regardless of earnings. SSP is now paid at the lower of £123.25/week or 80% of average weekly earnings. Workers and agency workers may also qualify depending on their contract.
SSP does not apply to: self-employed people, those who've already had 28 weeks of SSP in the last 3 years from the same employer (must wait 8 weeks before a new period begins), or those who are in legal custody.

How much is SSP and how long does it last?

SSP is £123.25 per week (2026/27) or 80% of average weekly earnings, whichever is lower. It is paid by your employer for up to 28 weeks of absence in any one period of incapacity for work.

SSP is paid from the 1st day of absence, the previous 3-day waiting period was abolished by the Employment Rights Act 2025, effective 6 April 2026. Your contract may provide even more generous sick pay from day one.

Check your contract: Many employers offer contractual sick pay that is significantly more than SSP, often full pay for a period, followed by half pay. If your employer has an occupational sick pay scheme, they must apply it consistently and cannot discriminate in how they apply it.

Fit notes (sick notes) and your obligations

For the first 7 days of illness, you can self-certify. After 7 days, your employer can ask for a fit note from a GP or other healthcare professional.

  • Fit notes are issued by GPs, hospital doctors, nurses, occupational therapists, physiotherapists, and pharmacists
  • A fit note can say you're 'not fit for work' or 'may be fit for work with adjustments'
  • If your GP suggests adjustments (e.g. reduced hours, amended duties), your employer should consider them, but doesn't have to agree
  • Your employer cannot require a fit note for an absence of 7 days or less
  • You cannot be disciplined solely for being genuinely ill

Long-term sickness, your rights

Long-term sickness raises important issues around disability discrimination and fair procedure. If you've been off work for an extended period:

  • Your employer must follow a fair process before dismissing you, this includes obtaining medical evidence, considering adjustments, and giving you a fair hearing
  • If your condition meets the definition of disability under the Equality Act, your employer must consider reasonable adjustments before dismissing
  • Your employer can request an occupational health assessment, you should cooperate but you can request the report before it's sent
  • Dismissal for long-term sickness can be unfair if the employer didn't follow a proper process or didn't consider alternatives
  • After 28 weeks of SSP, you should apply for Universal Credit or new-style ESA
If your employer dismisses you after a long period of sickness without following proper procedures or without considering reasonable adjustments, this may be both unfair dismissal and disability discrimination. You have 3 months minus one day from dismissal to bring an Employment Tribunal claim.

When SSP ends, what next?

1
Your employer issues an SSP1 form
When SSP ends (after 28 weeks or when you're no longer eligible), your employer must give you form SSP1. This enables you to claim other benefits.
2
Claim new-style ESA or Universal Credit
Use form SSP1 to support your claim. New-style ESA is based on your NI contributions and can be paid alongside Universal Credit.
3
Check disability benefits
If your condition is long-term, you may also be entitled to PIP or (in Scotland) Adult Disability Payment, these are not means-tested and are separate from sick pay or ESA.

Get instant help right now

A Citizens Advice appointment can take weeks. Our free assistant is available 24/7 with no appointment, giving you clear, step-by-step answers about your exact situation, what to do next, and the deadlines that matter.

Instant answers24/7, No appointmentFree to usePrivate, No sign-up
Chat with Advisor, it's free

Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.

Frequently asked questions

How much is Statutory Sick Pay?

Statutory Sick Pay (SSP) is £123.25 per week (2026/27), or 80% of average weekly earnings if that is lower. It is paid by your employer for up to 28 weeks. From 6 April 2026 (Employment Rights Act 2025), there is no longer a lower earnings limit, all employees qualify regardless of how much they earn. SSP is now payable from the first day of absence, the previous 3-day waiting period has been abolished.

What happens when SSP runs out after 28 weeks?

When SSP ends, you may be able to claim Universal Credit (including a Limited Capability for Work element) or new-style ESA if you have sufficient National Insurance contributions. Your employer should give you form SSP1 when SSP ends or is about to end, which you need to make your benefit claim.

Do I need a fit note for sickness absence?

For the first 7 days off sick you can self-certify without a fit note. After 7 days, you need a fit note (previously called a sick note) from a doctor, nurse practitioner, or other qualified health professional. Fit notes can recommend a phased return, adjusted hours, or amended duties rather than simply saying you are unfit for work.

Can my employer dismiss me for being off sick?

Yes, but only if they follow a fair process. They must consider the medical evidence, make reasonable adjustments, consult with you about your condition and prognosis, and generally allow a reasonable period of absence. If your condition amounts to a disability under the Equality Act, dismissal without proper process is likely to be both unfair dismissal and disability discrimination.

Does my employer have to pay more than SSP?

Only if your contract of employment provides for enhanced sick pay. Many employers do offer company sick pay above the statutory minimum, check your contract or staff handbook. SSP is the legal minimum that all qualifying employees are entitled to; there is no legal requirement for employers to pay more than this.

Related guides

Discrimination at Work
Disability discrimination and reasonable adjustments during sickness.
ESA
Employment & Support Allowance when SSP ends.
PIP
Personal Independence Payment for long-term conditions.
Income Protection
Insurance that replaces income when sick pay runs out.
Unfair Dismissal
If you were dismissed due to sickness absence.

Found this useful? Link to it

If you run a site, write an article, or help others with their rights, please link to this guide, it helps more people find free, reliable guidance.

https://www.knowyourrightsuk.com/employment/sick-pay
Know Your Rights UK. "Sick Pay: Statutory Rights and What Your Employer Owes You." Know Your Rights UK, https://www.knowyourrightsuk.com/employment/sick-pay