The Workers Rights

Who Qualifies for Statutory Sick Pay in the UK? 3 Rules Under the New Employment Rights Act 

statutory sick pay uk

(C): Unsplash

When you’re feeling unwell and are asking the question, ‘Will I get paid? ‘ Here’s the short answer for statutory sick pay in the UK: It has become much easier to qualify for SSP. You are generally entitled to take sick leave if you are considered an employee, have begun work and have notified your employer of your illness in advance. The two archaic blocks that included a minimum wage requirement and a three-day waiting period have been removed. 

This means more than half of employees in the UK can now receive Statutory Sick Pay on the first day back to work, as opposed to the fourth.

Quick Facts: Statutory Sick Pay in the UK 

  • No waiting period for day one payment — no more delays!No more 3-day waiting period for day one payment!
  • No Lower Earnings Limit — low earners now qualify (No LEL)
  • Price: the lower of £123.25/week or 80% of the average weekly earnings.
  • Covers: employees, zero-hours and agency workers (via PAYE)
  • The maximum period: up to 28 weeks of the total illness
  • Should be able to report sick within 7 days or their employer’s deadline

The 3 Core Eligibility Rules

  1. You will have Employee status. Contracts of employment and/or tax status (including PAYE zero-hour and agency workers) must be in place.
  2. You’ve started work. Before you get sick, you have to have worked for your employer under that contract for some time.
  3. You’ve told them that you are sick. You must let your employer know before their deadline, or no later than 7 days of your illness if there is no policy.

What Changed — and Why It Matters 

These UK employment law reforms eliminate two existing impediments. The Lower Earnings Limit is a thing of the past; SSP eligibility UK-wide no longer depends on income — a major change in employees’ rights to sick pay in the UK for part-time and low-income workers. The three unpaid waiting days UK policy is no longer in place thanks to day-one sick pay.

Know Your Rights Before Your Next Payday

Can You Claim Sick Pay Immediately?
Check out Day-1 SSP benefits now.

Is Your Employer Shortchanging Leave Pay?
Find ways to report unpaid leave.

Are You Calculating Sick Leave Correctly?
Uncover the latest accrual rules.

What Changed After The 3-Day Rule?
See how sick pay rules evolved.

Which UK Employment Changes Matter Most?
Dive into the key workplace reforms.

Old Rules vs New Rules

FeatureBefore the ActUnder the New Act
Earnings thresholdWas required to earn above $989.75 per week (Lower Earnings Limit)No minimum wage requirement.
Waiting period3 unpaid days firstPaid from day one
Part-time/agency workersOften excludedGenerally included
Weekly rateFlat rate onlyThe lowest of flat rate or 80% of earnings

FAQs

What are the new rules for claiming Statutory Sick Pay in the UK?

Anyone who satisfies the three conditions above, irrespective of salary, is included in the definition of an employee, which includes part-time, zero hours, agency workers, etc.

Are low-income workers entitled to SSP?

Yes. Low-income workers are no longer denied SSP entitlement due to the rules, which is a major victory for entitlement to sick leave benefits across the UK.

What is the entitlement of employees to SSP? 

You will receive the lowest of the two: the flat rate as outlined in the legislation or 80% of your average weekly earnings.

Are agency and temporary workers included?

Yes, if they are paid under PAYE and are subject to three eligibility requirements, which are now for agency and temporary workers as they are for permanent ones:

Read Previous

5 Massive UK Employment Law Changes Slated for 2026 (And What They Mean for You) 

Read Next

Is Keystroke Logging Legal for Remote Employees? 4 State Privacy Laws Limiting Workplace Tracking 

Subscribe
Notify of
guest
0 Comments
Oldest
Newest Most Voted
0
Would love your thoughts, please comment.x
()
x