Statutory Sick Pay is one of the most misunderstood employment rights in the UK. Here's who qualifies, how much you get, how long it lasts, and what to do if your employer refuses to pay.
Being unwell and unsure whether you'll get paid is one of the most stressful situations an employee can face. Statutory Sick Pay (SSP) exists to provide a minimum financial safety net — but many employees don't know whether they qualify, how much they're entitled to, or what to do when an employer refuses to pay.
Here's the complete picture.
SSP is a legal minimum payment that qualifying employees must receive when they are off sick. It is paid by your employer (not the government) and is currently set at £116.75 per week (2025/26 rate). It is taxable and subject to National Insurance contributions.
SSP is not generous — it was never designed to replace your salary. But it is a legal floor that your employer cannot fall below.
To be entitled to SSP, you must:
The first three days of sickness are called waiting days — you do not receive SSP for these. SSP begins on the fourth qualifying day.
Agency workers are entitled to SSP in the same way as direct employees. Zero-hours contract workers are also entitled to SSP provided they meet the earnings threshold — a common misconception is that zero-hours workers have no sick pay rights, which is wrong.
You are not entitled to SSP if:
Self-employed people have no entitlement to SSP. They may be able to claim Employment and Support Allowance (ESA) instead.
SSP is payable for up to 28 weeks per period of incapacity. If you have separate periods of illness with fewer than eight weeks between them, they may be "linked" and treated as one period — meaning your 28-week clock continues rather than resetting.
After 28 weeks, you cannot receive any more SSP from that employer. At this point, your employer must give you an SSP1 form, which you can use to claim Employment and Support Allowance (ESA) from the government.
Many employers offer sick pay above the statutory minimum — called contractual sick pay (CSP). Your contract should specify:
If your employer has a discretionary sick pay policy, they can technically withhold it — but they must apply it consistently. Refusing sick pay to some employees and not others may constitute discrimination if the reason relates to a protected characteristic.
Employers can set their own notification procedures — for example, requiring you to call in before a certain time on your first day of absence. Failing to follow these procedures can, in some circumstances, justify withholding SSP or contractual sick pay.
You are also required to provide medical evidence (a fit note from your GP) if your illness lasts more than seven consecutive calendar days. Employers cannot demand a fit note for shorter absences.
If your employer refuses to pay SSP and you believe you're entitled to it:
Being off sick does not protect you from dismissal — but employers face significant legal risk if they dismiss employees during sickness absence without following the correct process.
If you have been employed for at least two years, you have the right not to be unfairly dismissed. Dismissing someone solely because they are ill may be unfair unless the employer has:
If your illness amounts to a disability under the Equality Act 2010 (a physical or mental impairment with a substantial and long-term effect on daily activities), your employer has additional obligations — including the duty to make reasonable adjustments before considering dismissal.
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