What is Statutory Sick Pay (SSP)?
Statutory Sick Pay (SSP) is a government-mandated payment designed to support employees in the UK who are unable to work due to illness. If you are too ill to do your job, SSP ensures you receive a basic level of financial support while you recover. As of the current rules, eligible employees can receive £118.75 per week in SSP for up to 28 weeks. This amount is set by law, meaning your employer cannot pay you less than this statutory minimum. However, some employers offer more generous sick pay through their own company sick pay schemes (sometimes called ‘occupational schemes’), so it’s worth checking your employment contract or staff handbook to see if you’re entitled to additional support.
The main purpose of SSP is to provide a safety net for workers who are temporarily unable to earn their usual wages because of sickness. It helps cover your basic living costs during periods when your health prevents you from working. SSP is paid by your employer in the same way as your normal wages, usually on your usual payday, and is subject to tax and National Insurance deductions.
To qualify for SSP, you must be classed as an employee and have been off work sick for at least four consecutive days (including non-working days). There are additional eligibility criteria, such as earning at least £123 per week (before tax) and following your workplace’s rules for notifying your employer about your sickness. Different rules may apply if you work in agriculture, or if you are an employer seeking guidance.
Understanding your rights to SSP is part of the wider framework of Sick Leave and Sick Pay in the UK. This includes knowing when you can take time off, what documentation you might need (like a fit note from your GP), and what to do if there’s a dispute about your entitlement. For a detailed explanation of SSP, including how to claim and what to do if you think you’re not getting the right amount, you can refer to the official Statutory Sick Pay (SSP) guidance provided by GOV.UK.
If you’re interested in how SSP fits into the broader picture of workplace rights and benefits, you may also want to explore related topics in Employment Benefits: UK Legal Overview, which covers your entitlements beyond just sick pay. This can help you understand the full range of protections available to employees under UK law.
Basic Eligibility Criteria for SSP
To qualify for Statutory Sick Pay (SSP) in the UK, you must meet several key criteria set out by employment law. Understanding these requirements can help you determine whether you are entitled to SSP if you become unwell and unable to work.
Who Is Eligible for SSP?
SSP is available to employees who are classed as “employees” for tax and National Insurance purposes. This typically means you have a contract of employment, whether it is written or verbal, and you are paid through PAYE (Pay As You Earn). Agency workers and some casual or zero-hours contract workers may also qualify, provided they meet the other eligibility conditions.
If you are self-employed or a contractor, you are not entitled to SSP. However, you may wish to review other forms of support available for sickness absence.
Minimum Earnings Threshold
To receive SSP, you must earn at least the Lower Earnings Limit (LEL) before tax, which is reviewed annually by the government. For the tax year 2024/25, the LEL is £123 per week. If your average weekly earnings are below this threshold, you will not qualify for SSP.
Sickness Absence: The Four-Day Rule
You can only claim SSP if you have been off work sick for at least four consecutive days. These days are known as “periods of incapacity for work” and include non-working days such as weekends or bank holidays. For example, if you fall ill on a Thursday and are scheduled to work Monday to Friday, you would become eligible if you are still unwell on Sunday.
Waiting Days and When SSP Begins
The first three qualifying days you are off sick are known as “waiting days.” SSP is not paid for these days unless you have already had a linked period of sickness in the previous eight weeks. Payment of SSP starts from the fourth qualifying day of sickness absence. For instance, if you are off sick from Monday to Thursday, SSP would be paid from Thursday onwards, provided all other criteria are met.
Your Employer’s Role
Employers are legally required to assess your eligibility for SSP and make payments as part of their payroll process. They should inform you if you do not qualify, and provide you with a written explanation. Employers cannot ask you to use your holiday entitlement instead of paying SSP. If you have concerns about your entitlement or how your employer is handling your claim, you may wish to seek further advice or consult additional resources about sick leave and sick pay.
Understanding these basic eligibility criteria ensures you know your rights if you are unable to work due to illness. Always notify your employer as soon as possible if you are sick, and provide any required evidence, such as a fit note from your GP, to avoid delays in receiving SSP.
Employment Status Requirements
Employment Status Requirements
To qualify for Statutory Sick Pay (SSP) in the UK, your employment status is crucial. Not everyone who works is automatically entitled to SSP – specific rules determine who counts as an “employee” for this purpose.
Who Counts as an Employee?
You must be classed as an employee to receive SSP. This usually means you have a contract of employment – either written, verbal, or implied – with your employer. Employees work under the control and direction of their employer and are entitled to a range of employment rights, including SSP. If you are self-employed or work without a formal contract, you are generally not eligible for SSP.
The legal basis for these rights is set out in the Employment Rights Act 1996, which outlines who is considered an employee and the protections they are entitled to.
Agency Workers and Casual Employees
Some agency workers and casual employees may also qualify for SSP, even if their work is irregular or on a temporary basis. If you are an agency worker, you are usually entitled to SSP if you have done some work for the agency and meet the other eligibility conditions. For casual or zero-hours workers, eligibility depends on whether you are treated as an employee for the period in question and if you earn at least the Lower Earnings Limit.
If you are unsure about your employment status, it’s a good idea to check your contract or ask your employer for clarification. The distinction between “employee,” “worker,” and “self-employed” can sometimes be unclear, especially for those on flexible or short-term contracts.
Why Your Employment Status Matters
Your employment status affects not only your right to SSP but also other workplace entitlements. If you are not sure whether you are classed as an employee, reviewing your employment contract and discussing your situation with your employer can help. You can also learn more about related rights and entitlements in our section on Sick Leave and Statutory Sick Pay.
Understanding your employment status is the first step to making sure you receive the support you are entitled to when you are unwell and unable to work. If you are still uncertain, consider seeking advice from a legal professional or your local Citizens Advice Bureau.
Earnings Threshold
Earnings Threshold
To qualify for Statutory Sick Pay (SSP) in the UK, you must earn at least the Lower Earnings Limit (LEL) set by the government. The LEL is reviewed annually and, for the 2023/24 tax year, is £123 per week before tax. If your average weekly earnings are below this threshold, your employer is not legally required to pay you SSP.
How to Check if You Meet the Threshold
Your average weekly earnings are calculated over the eight weeks immediately before you go off sick. This includes your regular pay, overtime, and any bonuses or commissions. If you have worked for your employer for less than eight weeks, your average is based on the total pay you have received so far, divided by the number of weeks you have worked.
Example:
If you earned £1,000 over eight weeks, your average weekly earnings would be £125. This is above the LEL, so you would be eligible for SSP. If your average was £120, you would not qualify.
For a step-by-step guide on working out your SSP entitlement based on your earnings, visit our page on Calculating Your Statutory Sick Pay.
What If Your Earnings Are Irregular or Zero?
If your earnings vary from week to week – such as with zero-hours contracts or irregular shift patterns – your employer will still calculate your average over the relevant period. Even if you have some weeks with no pay, these weeks count towards the calculation. This means that a few weeks of low or zero pay can reduce your average and potentially affect your eligibility.
If you earn less than the LEL, you will not be entitled to SSP, but you may be eligible for other support. The government has recognised that this rule can leave lower earners without protection. There are ongoing proposals to remove the Lower Earnings Limit for SSP, which would make SSP available to everyone, regardless of income. You can read more about these proposed changes and what they could mean for you in the government’s consultation on the Lower Earnings Limit for SSP.
Additional Considerations
The earnings threshold for SSP is separate from the minimum wage. Even if you are paid at or above the minimum wage, you must still meet the LEL to qualify for SSP. For more information on your rights regarding pay and sickness, see our guide on Support When You Are Sick and Minimum Wage.
If you do not qualify for SSP due to low earnings, your employer must provide you with form SSP1 within seven days of your sickness absence. This form allows you to apply for other benefits, such as Universal Credit or Employment and Support Allowance (ESA).
Understanding the earnings threshold is a key part of knowing your rights when you are off work due to illness. If your situation is unclear or you have questions about your eligibility, you may wish to seek advice from your employer or a legal adviser.
Minimum Period of Sickness
To qualify for Statutory Sick Pay (SSP) in the UK, you must be off work sick for a minimum of four consecutive days. This period is known as a ‘Period of Incapacity for Work’ (PIW) and it includes all calendar days – so weekends, bank holidays, and non-working days count towards the total. For example, if you fall ill on a Friday and are still unwell through to the following Monday, this counts as four days in a row, making you eligible to be considered for SSP.
Understanding ‘Qualifying Days’
‘Qualifying days’ are the days you normally work and are used to determine when you can receive SSP. Your employer will agree with you which days count as qualifying days, usually by following your work schedule or contract. SSP is only paid for qualifying days after the initial waiting period (see below). If you work part-time or have an irregular schedule, it’s important to clarify with your employer which days are considered qualifying days for SSP purposes.
The Three Waiting Days
SSP is not paid for the first three qualifying days you are off sick – these are known as ‘waiting days’. Payment starts from the fourth qualifying day of sickness. For instance, if your qualifying days are Monday to Friday and you are off sick from Monday, you will not receive SSP for Monday, Tuesday, or Wednesday. SSP payments would begin on Thursday, provided you are still off sick.
There are some exceptions to the waiting days rule. If you have already had a PIW that ended within the previous eight weeks, and you become sick again, the waiting days may not apply. This means you could receive SSP from the first qualifying day of your new sickness period.
Recording Your Sickness
For the first seven days of illness, you can usually confirm your sickness yourself – this process is called Self-Certification for Sickness. After this period, your employer may ask for a fit note from your GP or healthcare professional.
Further Guidance
Understanding SSP is just one part of knowing your rights and responsibilities at work when you’re unwell. To explore more about your entitlements and how sick leave fits into the wider context of UK employment law, visit Sick Leave and Sick Pay for a legal overview of employment benefits.
Additional Conditions and Documentation
When claiming Statutory Sick Pay (SSP), there are certain additional conditions you must meet beyond the basic eligibility criteria. Employers are entitled to ask for evidence of your illness and expect you to follow their sickness reporting procedures carefully. Understanding what is required can help ensure your SSP claim goes smoothly.
Evidence of Illness: Fit Notes and When They’re Needed
For the first seven calendar days of sickness absence, you can usually self-certify – this means you inform your employer that you are unwell without needing to provide medical proof. However, if you’re off work for more than seven days (including non-working days), your employer can request medical evidence, usually in the form of a fit note (previously known as a sick note).
A fit note is a statement from a healthcare professional, such as a GP, nurse, or pharmacist, confirming that you are not fit for work or may be fit for work with adjustments. You can obtain a fit note by contacting your GP surgery or another relevant healthcare provider. For more detailed information about what a fit note is, who can issue one, and how it works, see our page on Fit Notes and Doctor’s Notes.
Employers cannot insist on a fit note for absences of seven days or less, but they may have their own forms or procedures for self-certification. If your sickness continues beyond a week, providing a fit note promptly is essential – delays may affect your SSP payments.
For official guidance on fit notes, including recent updates and how they support discussions about returning to work, refer to the Fit note guidance published by the UK government.
Notifying Your Employer About Sickness
To qualify for SSP, you must properly notify your employer about your sickness. The law requires you to inform your employer within seven days of your absence (or within any shorter time frame specified in your employment contract or workplace policy). Failing to notify your employer correctly or on time could result in loss or delay of SSP payments.
Notification can usually be done by phone, email, or through an online portal, depending on your employer’s preferences. Make sure you understand your employer’s sickness reporting procedure – this is often outlined in your contract or staff handbook. If you’re unsure, ask your manager or HR department for guidance.
Following Sickness Reporting Procedures
Employers are allowed to set reasonable procedures for reporting sickness, such as who you should contact, what information you need to provide, and by what time of day. It’s important to follow these rules closely. For example, some employers may require you to call in every day for short absences, while others might have a central HR contact or an online reporting system.
If you do not follow your employer’s procedures, they may be entitled to withhold SSP until you comply. Keeping your employer updated, especially if your sickness lasts longer than expected, helps avoid misunderstandings and ensures your entitlement is protected.
Further Support and Related Topics
Understanding your rights and responsibilities around SSP is just one part of managing sickness absence from work. For a broader overview of how sick leave, SSP, and other workplace benefits interact, visit our section on Sick Leave and Statutory Sick Pay.
By providing the right documentation and following your employer’s procedures, you can help ensure your SSP claim is processed smoothly and your rights are protected during periods of ill health.
Who is Not Eligible for SSP?
If you’re wondering whether you qualify for Statutory Sick Pay (SSP), it’s important to understand that not everyone is eligible. UK law sets out specific rules about who can and cannot receive SSP. Here are the main groups of people who are not eligible for SSP, along with explanations and practical examples:
Self-Employed Individuals and Contractors
SSP is only available to employees who work under a contract of employment. If you are self-employed, run your own business, or work as a contractor without employee status, you do not qualify for SSP. For example, if you invoice clients for your services and pay your own tax and National Insurance, you are considered self-employed and cannot claim SSP from a client or agency.
Employees Earning Below the Lower Earnings Limit
To qualify for SSP, you must earn at least the Lower Earnings Limit (LEL) before tax, which is set by the government each tax year (£123 per week for 2024/25). If your average weekly earnings are below this threshold, you are not eligible for SSP. This commonly affects part-time workers, those on zero-hours contracts, or people with irregular hours whose pay varies from week to week.
Absence Not Caused by Illness
SSP is designed to support employees who are unable to work due to their own illness or incapacity. If you are off work for reasons other than being sick – such as caring for a family member, attending appointments, or taking compassionate leave – you will not be eligible for SSP. In these situations, you may wish to explore alternative leave options or benefits.
Maximum SSP Period Reached
You can receive SSP for up to 28 weeks in any one period of sickness, or a series of linked periods (where each period is separated by no more than eight weeks). If you have already received SSP for the maximum period and are still unable to work, you will not be eligible for further SSP unless you become eligible again after a sufficient break. At this point, you may need to consider other forms of support, such as Employment and Support Allowance (ESA).
If you do not meet the criteria for SSP, it’s a good idea to explore other employment benefits and legal protections that may be available to you. Understanding your rights as an employee or worker can help you find the right support during times of illness or incapacity.
Special Situations Affecting Eligibility
When it comes to Statutory Sick Pay (SSP), there are a few special situations that can affect your eligibility or how your rights are applied. Understanding these scenarios can help you make sure you receive the correct pay and maintain your employment rights while you’re off sick.
Pregnancy-Related Sickness and SSP
If you are off work due to a pregnancy-related illness, your eligibility for SSP is the same as for any other sickness – provided you meet the usual criteria. However, if your pregnancy-related sickness begins within four weeks of your baby’s due date, your employer may start your Statutory Maternity Leave and pay instead of SSP. This is set out under the Social Security Contributions and Benefits Act 1992 and the Statutory Maternity Pay (General) Regulations 1986. For further details on how pregnancy affects your sick pay rights, see our dedicated guide on Sick Pay Rights During Pregnancy.
Long-Term Sickness, SSP, and Holiday Pay
SSP is paid for up to 28 weeks. If you are off sick for longer than this, your entitlement to SSP will end, but you may be able to claim other benefits or support. Importantly, if you are on long-term sick leave, you still accrue annual leave as normal. This means you can request to take paid holiday while you are off sick, which can be paid at your usual holiday pay rate rather than the SSP rate. For more on how long-term sickness affects your holiday pay, visit Holiday Pay Entitlement During Long-Term Sickness.
Going Home Sick Partway Through the Day
If you start feeling unwell during your shift and need to leave work early, your SSP entitlement will usually begin from the next qualifying day, not the day you went home sick. Employers are not required to pay SSP for partial days. However, your employer may have their own policy for pay in this situation. For practical steps and what to expect, see Going Home Sick Halfway Through the Day.
Sick Leave vs Annual Leave: Your Rights
It’s important to understand the distinction between sick leave and annual leave. If you fall ill during annual leave, you have the right to take your holiday at a later date and receive SSP for the days you were sick, provided you meet the eligibility criteria. Conversely, you cannot be forced to take annual leave while you are off sick. This is protected under the Working Time Regulations 1998. For a clear explanation of how these types of leave interact, visit our page on Sick Leave vs Annual Leave.
Further Support and Legal Context
If you’re unsure about your rights or how SSP fits into your overall employment benefits, our overview of Sick Leave and Sick Pay within the broader context of UK employment law may be helpful.
Understanding these special situations ensures you receive the correct entitlements and can confidently manage your rights during periods of sickness. If you have specific concerns, it’s always a good idea to check your employment contract or speak to your HR department.
How to Claim SSP and Your Employer’s Responsibilities
When you’re too ill to work, claiming Statutory Sick Pay (SSP) is a straightforward process, but it’s important to follow the correct steps to ensure you receive what you’re entitled to. Here’s what you need to know about making a claim and your employer’s responsibilities.
Informing Your Employer and Starting Your SSP Claim
To begin your SSP claim, you must notify your employer as soon as possible – typically within seven days of your first day off sick, unless your employment contract specifies a different deadline. You do not have to provide a fit note (sometimes called a sick note) from your GP for the first seven calendar days of your illness, but your employer can request one if your absence lasts longer.
If you’re unsure about the process or need step-by-step instructions, the government provides clear guidance on how to claim Statutory Sick Pay. This resource explains what information you’ll need to give your employer and what to expect during your claim.
Employer’s Obligation to Pay SSP
If you meet the SSP eligibility criteria – such as being classed as an employee, earning at least the Lower Earnings Limit (£123 per week for the 2023/24 tax year), and being off sick for at least four consecutive days – your employer is legally required to pay you SSP. This is set out in the Social Security Contributions and Benefits Act 1992 and associated regulations. SSP is paid in the same way as your normal wages (for example, weekly or monthly), and tax and National Insurance will be deducted as usual.
Employers cannot ask you to use annual leave instead of SSP. If you’ve called in sick after a declined holiday request or in other complex situations, see our guidance on Calling in Sick on a Declined Holiday for more information about your rights.
What If Your Employer Refuses to Pay SSP?
If your employer refuses to pay SSP and you believe you’re eligible, ask them for a written explanation. Employers must provide you with form SSP1 within seven days if they decide you’re not entitled to SSP, which should state the reason for the refusal. You can use this form to contact the HMRC Statutory Payments Disputes Team, who can help resolve the issue.
In the meantime, you may wish to review your overall employment benefits and sick pay rights to ensure you understand all the options and protections available to you.
Keeping Records and Communicating Clearly
It’s important to keep detailed records of your sickness, including dates, symptoms, and any medical advice received. Save copies of all correspondence with your employer, such as emails or messages reporting your absence, and any fit notes or medical certificates. These records can be crucial if there is a dispute about your SSP entitlement or if you need to appeal your employer’s decision.
By following these steps and understanding both your responsibilities and your employer’s obligations, you can help ensure your SSP claim goes smoothly and that you are treated fairly during your period of sickness.
Further Support and Related Rights
If you do not qualify for Statutory Sick Pay (SSP), or if your SSP entitlement comes to an end, there are other forms of support and legal rights you should be aware of. Understanding your options can help you manage your finances and wellbeing during periods of sickness absence.
Alternative Financial Support
If you are not eligible for SSP – perhaps because you earn less than the Lower Earnings Limit or are classed as self-employed – you may be able to claim other benefits, such as Employment and Support Allowance (ESA) or Universal Credit. ESA is designed to support people who are unable to work due to illness or disability. You can apply for ESA if you have made sufficient National Insurance contributions, or through the income-related route if your household income is low. Universal Credit is a means-tested benefit that can help with living costs if you are out of work or on a low income.
It’s important to check the eligibility criteria for these benefits, as each has different requirements. If your SSP has run out (after 28 weeks), you may also become eligible for ESA or Universal Credit at that point.
What Happens When SSP Ends?
Statutory Sick Pay is usually paid for up to 28 weeks. If you are still unwell after this period, you should be given an SSP1 form by your employer, which you can use to apply for ESA. For more details about how long SSP can last and what to do if you need more time off, visit our guide to Statutory Sick Pay Duration and Extensions.
Mental Health and Your Rights at Work
Sickness absence is not always due to physical health problems. If you are struggling with your mental health, you have the same rights to sick leave and protection from discrimination as you would for any other illness. The Equality Act 2010 protects employees with mental health conditions that meet the definition of a disability, meaning your employer must make reasonable adjustments to support you at work.
If you are concerned about your mental health and your rights during sickness absence, see our dedicated page on Mental Health and Work: Your Rights for advice on support, confidentiality, and workplace adjustments.
Additional Employee Benefits
Beyond SSP and government benefits, some employers offer enhanced sick pay or other support during sickness absence. This might include occupational sick pay schemes, access to Employee Assistance Programmes (EAPs), or additional paid leave. The details will be set out in your employment contract or staff handbook, so it’s worth checking these documents or speaking to your HR department.
You can find more information about workplace perks and support in our overview of Employee Benefits. For a broader understanding of your legal entitlements around sick leave and pay, including how these interact with other employment rights, visit our guide to Employment Benefits: UK Legal Overview.
Understanding your rights and the support available can make it easier to manage your health and finances during sickness absence. If you are unsure about your options, consider seeking advice from your employer, a trade union representative, or a specialist adviser such as Citizens Advice.
