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Sick Pay — Statutory Rights and What Your Employer Owes You

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. This guide explains SSP eligibility, rates, how long it lasts, what happens when it ends, and your rights around long-term sickness.

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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 earn at least £123 per week (the lower earnings limit, 2024/25)
  • You've told your employer you're ill within their reporting deadline (or within 7 days if no policy exists)
Workers and agency workers may also be entitled to SSP depending on their contract. Zero-hours workers can qualify if they meet the earnings threshold. Check your employment status if you're unsure.
SSP does not apply to: self-employed people, those earning under £123/week, 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 £116.75 per week (2024/25). 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 4th day of absence. The first 3 days (called "waiting days") are not paid under SSP — though your contract may provide 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 advice about your specific situation

Ash is a free UK guidance assistant. Ask about your rights, get step-by-step guidance, and generate a formal letter if you need one.

Talk to Ash — it's free

No sign-up · No account · Works for England, Scotland, Wales & Northern Ireland

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.
Unfair Dismissal
If you were dismissed due to sickness absence.