Statutory Sick Pay (SSP)

The legal minimum an employer must pay an eligible employee off sick — now payable from day one, with no minimum earnings threshold, following reforms that took effect on 6 April 2026.

How much is Statutory Sick Pay in 2026/27?

£123.25 a week for 2026/27, or 80% of the employee's normal weekly earnings if that figure is lower — the 80% test only reduces what very low earners receive; most employees who qualify get the full flat rate.

Do I still have to wait three days before SSP starts?

No, not since 6 April 2026. Before that date, SSP was only payable from the fourth day of sickness absence, known as the "waiting days" rule. The Employment Rights Act 2025 removed the waiting period, so SSP is now payable from the first qualifying day of sickness absence for periods of incapacity starting on or after that date.

Do I have to earn above a certain amount to qualify for SSP?

No, not since 6 April 2026. SSP used to require average weekly earnings above the lower earnings limit, which excluded many of the lowest-paid workers from any SSP at all. The Employment Rights Act 2025 removed that earnings threshold, and the shortfall is instead addressed through the 80% rule applying to low earners rather than excluding them altogether.

How many weeks of SSP can I get?

Up to 28 weeks in total for a period of incapacity for work, or for linked periods treated as one under the linking rules. After that, SSP stops and an employee who remains unable to work may need to look at Employment and Support Allowance or Universal Credit instead.

Does my employer have to pay SSP, or can they refuse?

An eligible employee is entitled to SSP by law, and an employer cannot simply refuse to pay it where the qualifying conditions are met. An employer can, however, require reasonable evidence of incapacity, such as self-certification for shorter absences and a fit note for longer ones, before paying.

What can I do if my employer won't pay SSP I'm entitled to?

Non-payment of SSP you are legally entitled to is generally an unlawful deduction from wages, and you can bring a claim at the employment tribunal. Raise it with your employer in writing first where possible, since this creates a clear record of what was owed and when it was refused.

What changed on 6 April 2026, and why it matters

For decades, SSP had two features that left the lowest-paid workers worst off: "waiting days," meaning no SSP was payable for the first three days of a sickness absence, and a lower earnings limit, meaning anyone earning below a set weekly figure got no SSP at all, however long they were off. The Employment Rights Act 2025 removed both. Since 6 April 2026, SSP is payable from the first qualifying day of sickness absence, and there is no earnings threshold excluding low earners from the scheme entirely.

The rate itself changed shape alongside this. Rather than a single flat weekly figure for everyone who qualifies, the rate is now the lower of the standard flat rate (£123.25 for 2026/27) or 80% of the employee's normal weekly earnings — a test that only reduces what very low earners receive, since most employees earn well above the level where 80% of their pay would fall below the flat rate.

Who qualifies for SSP

• 1 Employee status. SSP is paid to employees, not to the genuinely self-employed, and generally requires an employment contract to be in place.
• 2 Incapacity for work. The employee must be incapable of work because of sickness or disability, normally evidenced by self-certification for shorter absences and a fit note for longer ones.
• 3 Qualifying days. SSP is only paid for the days an employee would normally have worked, known as qualifying days, and only once those days of sickness are properly notified to the employer.
• 4 Up to 28 weeks. Entitlement runs for a maximum of 28 weeks for one period of incapacity, or for linked periods treated as continuous under the linking rules, after which SSP stops.

SSP and the employment tribunal

SSP is a statutory entitlement, not a discretionary benefit an employer can withhold. Where an employer refuses to pay SSP that is properly due, this is normally treated as an unlawful deduction from wages, giving the employee a route to the employment tribunal under Part II of the Employment Rights Act 1996 if the matter cannot be resolved directly with the employer. SSP sits alongside, and is separate from, any contractual sick pay an employer may additionally offer on more generous terms.

An employee earning £400 a week is off sick for two weeks in May 2026, after the 6 April 2026 reforms took effect. Before the reform, this employee would have lost the first three days entirely to waiting days.

Normal weekly earnings

80% of normal weekly earnings

Flat SSP rate (2026/27)

SSP payable (lower figure applies)

£123.25 per week, from day 1

Because £123.25 is lower than 80% of this employee's normal earnings, the flat rate applies, and because the sickness started after 6 April 2026, SSP is payable from the first qualifying day rather than only from the fourth day as it would have been under the old waiting days rule.

Unlawful deduction of wages

Continuous employment

Social Security Contributions and Benefits Act 1992, Part 11

Employment Rights Act 2025, section 10

Employment Rights Act 2025, section 11

Statutory Sick Pay (SSP) — Employment Tribunal Glossary

The current SSP rate, how the 6 April 2026 reforms removed waiting days and the lower earnings limit, and what to do if your employer won't pay it.