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Statutory Sick Pay Basics

EmploymentLast reviewed: 1 April 20256 min

If you are too ill to work, Statutory Sick Pay (SSP) provides a basic income while you recover. Knowing your entitlements — and your employer's obligations — helps you avoid losing money during a period of illness.

Important

If your employer refuses to pay SSP and you believe you qualify, ask them for a completed SSP1 form in writing. Failure to provide SSP1 when required can itself be reported to HMRC.

Key points

  • SSP is £118.75 per week (2025/26 rate) and is paid by your employer, not directly by the government.
  • You must have been ill for at least four consecutive days (including non-working days) before SSP begins — the first three days are "waiting days" and are not paid.
  • To qualify, you must earn at least £123 per week (the Lower Earnings Limit for 2025/26).
  • SSP can be paid for up to 28 weeks in a single period of sickness.
  • Your employer may offer a more generous occupational sick pay scheme on top of SSP — check your contract.
  • After 28 weeks, you may be able to claim Employment and Support Allowance (ESA) or Universal Credit.

Who Qualifies for SSP?

To receive Statutory Sick Pay from your employer, you must meet the following conditions:

  • You are classed as an employee (not self-employed) and have done some work for your employer
  • You earn at least £123 per week on average (the Lower Earnings Limit 2025/26)
  • You have been ill (or deemed incapable of work) for at least four consecutive days, including non-working days such as weekends
  • You have notified your employer of your sickness by their stated deadline (or within 7 days if no deadline is set)

Certain groups are excluded from SSP or have different rules, including:

  • Self-employed workers (who must claim through Universal Credit or ESA instead)
  • Agency workers who are not employed directly
  • Employees who have already received 28 weeks of SSP within the past three years for the same or a linked condition
  • Employees who are in legal custody
  • Employees who are pregnant and whose illness is related to pregnancy within the disqualifying period (four weeks before the expected week of childbirth)

How SSP Is Paid

SSP is paid at a flat weekly rate of £118.75 (2025/26). It is paid by your employer in the same way and at the same time as your normal wages — through payroll, subject to income tax and National Insurance deductions. Employers can no longer reclaim SSP from the government (except during specific government schemes).

The first three qualifying days of sickness are known as waiting days and are not paid. SSP only begins from the fourth consecutive day of sickness. If you are only ill for three days, you will not receive any SSP for that absence.

If you have been off sick recently, your periods of sickness may be linked. Two separate periods of sickness are treated as one continuous period if there are eight weeks or fewer between them. This means waiting days only apply once across both periods, and the maximum 28-week SSP entitlement counts across both episodes.

Your employer must give you an SSP1 form within seven days if you do not qualify for SSP, so you can claim alternative benefits.

Fit Notes and Medical Evidence

For the first seven days of sickness, you can self-certify your illness — no medical certificate is required. You may need to complete a self-certification form (SC2) provided by your employer, but this is not compulsory by law.

After seven consecutive days of sickness, your employer may require medical evidence. This will usually be a Statement of Fitness for Work (commonly called a "fit note" or "sick note") issued by a GP, hospital doctor, nurse, occupational therapist, pharmacist, or physiotherapist. Fit notes are free to obtain from the NHS.

A fit note can state either that you are "not fit for work" or that you "may be fit for work" subject to certain conditions (such as reduced hours, amended duties, or workplace adaptations). Where a fit note states "may be fit for work," your employer should discuss whether any adjustments are possible. If no adjustments can be made, the fit note is treated as though it says "not fit for work."

What Happens When SSP Ends

SSP can be paid for a maximum of 28 weeks. If you are still too ill to work after 28 weeks, your employer must give you an SSP1 form at least three weeks before SSP ends. This form allows you to make a claim for:

  • Employment and Support Allowance (ESA) — a benefit for people who cannot work due to illness or disability. ESA is assessed and paid by the DWP.
  • Universal Credit — if you have limited capability for work due to a health condition, Universal Credit may include a health element after an assessment.

Your employer cannot dismiss you simply because your SSP has run out. Dismissing someone due to a long-term health condition may constitute unfair dismissal or disability discrimination under the Equality Act 2010 if the condition amounts to a disability. Your employer is required to make reasonable adjustments and explore alternatives such as phased return to work, reduced hours, or alternative duties before considering dismissal.

Frequently asked questions

Can my employer sack me for being off sick?
Your employer cannot simply dismiss you for being ill, especially in the short term. For long-term sickness, dismissal may be possible only after following a fair procedure — including considering reasonable adjustments, exploring alternative roles, and obtaining medical evidence. If your condition qualifies as a disability under the Equality Act 2010, additional protections apply. Acas recommends a staged return-to-work approach before any decision to dismiss.
My employer is only paying me SSP but my contract says I get full sick pay. What can I do?
If your contract of employment includes an occupational sick pay entitlement that is better than SSP, your employer is contractually obliged to honour it. Occupational sick pay is a contractual right separate from the statutory minimum. Raise the matter in writing as a formal grievance. If unresolved, you may be able to claim the shortfall at an Employment Tribunal as an unlawful deduction from wages.
I am self-employed and cannot work due to illness. Can I get SSP?
No — SSP is only available to employees. If you are self-employed, you should look at claiming Universal Credit or New Style Employment and Support Allowance (ESA). You will need to provide medical evidence of your incapacity. Building an income protection insurance policy is advisable for self-employed people to cover periods of ill health.
Do I have to tell my employer why I am sick?
You are not legally required to disclose a specific diagnosis to your employer. You can self-certify for the first seven days without giving a detailed reason. After seven days, a fit note from a healthcare professional is usually required. However, sharing relevant information about your condition may help your employer make reasonable adjustments and can protect you if a disciplinary process arises.
Can my employer refuse to pay me Statutory Sick Pay?
Your employer cannot simply refuse SSP if you are eligible. To qualify you must be classed as an employee, have been sick for at least four consecutive days (including non-working days), and earn at least the Lower Earnings Limit (£123 per week in 2025/26). If your employer disputes your entitlement, they must give you a completed SSP1 form within seven days of your sickness starting so you can claim benefits instead. You can report non-payment to HMRC.
What happens to SSP if you are sick during your notice period?
If you are off sick during your notice period you are entitled to SSP in the normal way, provided you meet the eligibility conditions. If your employer has given you notice of dismissal, they must still pay SSP for sickness days that fall within the notice period. The notice period continues to run even while you are off sick, unless your contract says otherwise.

What to do next

  1. 1
    Check your SSP entitlement on GOV.UK

    The official guide to SSP, including rates, eligibility, and how to claim.

  2. 2
    Get free advice from Acas

    Acas guidance on managing sickness absence and your rights as an employee.

  3. 3
    Apply for ESA after SSP ends

    If SSP runs out and you remain too ill to work, apply for Employment and Support Allowance.

Official bodies and resources

Advisory, Conciliation and Arbitration Service

Government

Provides free, impartial advice on workplace relations and employment law, and offers early conciliation before tribunal claims.

HM Revenue & Customs

Government

Responsible for collecting taxes, paying some forms of state support, and administering national insurance.

Citizens Advice

Charity

Provides free, confidential, and independent advice on a wide range of issues including benefits, housing, debt, and employment.

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.