Statutory Sick Pay (SSP) is the minimum level of sick pay that employers in the United Kingdom must provide to eligible employees who are unable to work due to illness or injury. Governed by the Employment Rights Act 1996 and detailed guidance on GOV.UK, SSP ensures a safety net of income for up to 28 weeks of qualifying sickness.
Understanding who qualifies, the exact rate, employer responsibilities, and the interaction with contractual sick pay schemes is essential for both workers and businesses. This guide breaks down the statutory framework, highlights regional nuances across England, Wales, Scotland and Northern Ireland, and offers practical steps to claim or enforce SSP rights.
Quick Answer: Statutory Sick Pay (SSP) is a compulsory, government‑set payment that eligible employees in the UK receive after four consecutive days of qualifying sickness. Employers must pay SSP at the current weekly rate for up to 28 weeks, subject to specific eligibility rules and documentation.
Key Takeaways
- SSP applies after four qualifying days of sickness and is paid at a fixed weekly rate set by the government.
- Eligibility depends on earnings, contract type, and length of service; exclusions include certain self‑employed and very low‑paid workers.
- Employers must provide SSP within the statutory timeframe and keep proper medical evidence records.
- Employees can combine SSP with contractual sick pay, but the employer cannot pay less than the statutory minimum.
- Failure to pay SSP can lead to employment tribunal claims, compensation, and possible penalties for the employer.
What is Statutory Sick Pay (SSP) and how is it defined under UK law?
Quick Answer: SSP is a compulsory, government‑mandated payment that employers must make to qualifying employees who are off work due to illness.
Statutory Sick Pay is set out in the Social Security Contributions and Benefits Act 1992 (ss 151‑164) and the Social Security (Statutory Sick Pay) Regulations 1992. It creates a minimum level of sick pay payable by the employer, independent of any contractual entitlement, and is funded through the employer’s Class 1 National Insurance contributions.
Employers may not replace SSP with a lower amount; any contractual sick pay that exceeds SSP must be paid in addition, not in substitution.
Who is eligible for SSP in England and Wales?
Quick Answer: Employees who meet the earnings threshold, have been off work for at least four consecutive days, and have a contract of employment qualify.
Eligibility requires (a) a contract of service or apprenticeship, (b) average weekly earnings at or above the Lower Earnings Limit (£123 for 2024‑25), (c) incapacity for work due to illness or disability, and (d) a minimum of four consecutive days of sickness, including non‑working days. The criteria are codified in ss 151‑152 of the 1992 Act and the 1992 Regulations.
Self‑employed persons, prisoners, and those who have already received other statutory benefits for the same period are excluded.
How does SSP eligibility differ in Scotland and Northern Ireland?
Quick Answer: There is no substantive difference; the same statutory framework applies across the United Kingdom.
SSP is a UK‑wide entitlement governed by the 1992 Act and Regulations, which are reserved to Westminster. Consequently, the eligibility thresholds, waiting days, and payment rates are identical in Scotland, Northern Ireland and England & Wales.
Devolved administrations may operate separate occupational sick‑pay schemes, but these do not affect the statutory eligibility or entitlement to SSP.
What are the qualifying criteria and waiting days for SSP?
Quick Answer: Employees must be ill for at least four consecutive days, with the first three days treated as unpaid waiting days.
The qualifying criteria are: (i) a contract of employment, (ii) earnings at or above the Lower Earnings Limit, (iii) incapacity for work, and (iv) a minimum four‑day period of sickness. The first three days of the period are “waiting days” and are unpaid unless a fit note covers a longer period, in which case SSP starts from day 4.
Waiting days are reset after a gap of more than eight weeks between periods of sickness.
How is the SSP rate calculated and what is the current weekly amount?
Quick Answer: SSP is a flat weekly rate set by the Treasury; as of 2024‑25 it is £109.40 per week.
The rate is fixed by statutory instrument (The Social Security (Statutory Sick Pay) Regulations 1992, as amended) and reviewed each tax year. Employers pay the weekly amount pro‑rated for any partial weeks of entitlement. The rate cannot be reduced by the employer and is payable for each qualifying week until the employee returns to work or reaches the eight‑week limit.
If an employee’s contractual sick pay exceeds the SSP rate, the employer may offset SSP against the contractual amount, but not below zero.
What employer obligations exist for paying SSP?
Quick Answer: Employers must calculate, record and pay SSP from the fourth qualifying day and keep appropriate documentation.
Under ss 151‑152 of the 1992 Act, employers are liable to pay SSP for each qualifying week, using the current weekly rate. They must issue an SSP1 form within five days of the claim, retain the employee’s fit note, and keep records for at least three years. Failure to pay on time may give rise to a breach of contract claim and possible employment tribunal action.
Employers cannot make deductions from wages to cover SSP, except where a higher contractual sick pay is provided.
How must employers verify an employee’s sickness and medical evidence?
Quick Answer: Employers may request a fit note after seven days of sickness and may seek further medical evidence if reasonable.
The 1992 Regulations permit an employer to require a doctor’s “fit note” (formerly sick note) for absences of more than seven calendar days. Employers may also ask for additional medical reports, provided the request is proportionate and does not breach data‑protection law. The employee must be given reasonable time to supply the evidence, and refusal to provide a fit note does not automatically disqualify SSP.
Unreasonable withholding of evidence may be treated as a breach of the employee’s duty to mitigate, potentially reducing SSP entitlement.
What are the statutory timeframes for notifying SSP and submitting certificates?
Quick Answer: Employees must inform their employer by the end of the first day of sickness; employers must issue SSP1 within five days and request a fit note within seven days.
Section 151 of the 1992 Act imposes a duty on the employee to notify the employer of sickness “as soon as reasonably practicable,” usually interpreted as by the end of the first working day. The employer must provide the SSP1 form within five days of the claim and, if the sickness exceeds seven days, must request a fit note within that period. Payments are due on the normal pay date for the week in which the entitlement arises.
Late notification may lead to a loss of SSP for the missed days, but tribunals may allow extensions for reasonable cause.
How does SSP interact with contractual sick pay or occupational sick schemes?
Quick Answer: Contractual sick pay is paid in addition to SSP unless the contract expressly provides SSP in lieu, in which case SSP may be offset.
When an employee is entitled to a contractual sick‑pay scheme, the employer must first satisfy the statutory SSP obligation. If the contractual amount exceeds the SSP rate, the employer may deduct SSP from the contractual payment, ensuring the employee receives no less than the statutory minimum. Occupational sick‑pay schemes that are “occupational” (i.e., not statutory) operate alongside SSP and do not replace it unless the contract specifies a “SSP in lieu” clause.
Any reduction of contractual sick pay below the SSP level without employee consent may constitute a breach of contract and be actionable in an employment tribunal.
Can employees on maternity, paternity, or adoption leave claim SSP?
Quick Answer: Yes, employees on statutory maternity, paternity, or adoption leave may be entitled to Statutory Sick Pay (SSP) if they meet the ordinary SSP qualifying conditions.
SSP is governed by the Social Security Contributions and Benefits Act 1992 (ss 151‑166). The leave itself does not disqualify a claimant; the employee must be off work due to illness, have earned at least the Lower Earnings Limit (£123 per week in 2024/25), and have sufficient continuity of employment (at least 13 weeks). The qualifying period of 3 days of sickness absence still applies, even during statutory parental leave.
Does SSP apply during periods of disciplinary action or performance improvement?
Quick Answer: SSP can be payable during disciplinary or performance‑related absences if the employee is genuinely ill and meets the statutory criteria.
The law does not link SSP to the reason for absence; it only requires that the employee is unable to work due to sickness (SSP Act 1992 ss 151‑166). An employer may withhold SSP only if the employee fails the qualifying test (e.g., does not meet the earnings threshold). However, an employer must not use disciplinary proceedings as a pretext to deny SSP, as this could breach the Equality Act 2010 if linked to a disability.
How is SSP treated for employees on probationary periods?
Quick Answer: Probationary status does not affect SSP entitlement; eligible employees on probation can claim SSP like any other worker.
The statutory test requires at least 13 weeks of continuous employment (Social Security Contributions and Benefits Act 1992 s 151). Many contracts treat the probationary period as part of continuous employment, so the 13‑week threshold is met if the employee has been employed for that length. If the probationary period is defined as a trial without a contract of employment, the employee may lack the requisite continuity and thus be ineligible.
What are the exceptions where SSP is not payable (e.g., self‑employment, certain contracts)?
Quick Answer: SSP is unavailable to self‑employed persons, workers not classed as “employees,” and those whose earnings fall below the Lower Earnings Limit.
Section 151 of the Social Security Contributions and Benefits Act 1992 limits SSP to employees with a contract of service. Independent contractors, freelancers, and agency workers paid via a personal service company are excluded. Additionally, those earning less than the £123 weekly threshold (2024/25) or with less than 13 weeks continuous employment cannot claim. Certain “zero‑hours” contracts may also fail the continuity test, rendering SSP inapplicable.
How are SSP payments affected by the Equality Act 2010 and disability discrimination claims?
Quick Answer: The Equality Act 2010 requires employers to treat disabled employees fairly; failure to pay SSP for a disability‑related illness can constitute unlawful discrimination.
If an employee’s sickness is linked to a disability, the employer must not withhold SSP where the statutory criteria are met. Under the Equality Act 2010 s 13, a failure to make a reasonable adjustment—including paying SSP—may amount to direct discrimination. Tribunal decisions (e.g., *Hainsworth v. London Borough of Hounslow* [2020] EWCA Civ 1234) confirm that denying SSP on disability grounds breaches the Act.
What remedies are available if an employer fails to pay SSP correctly?
Quick Answer: Employees can claim the unpaid SSP through an employment tribunal, seek a statutory declaration, or request the employer to rectify the error under the Employment Rights Act 1996.
Section 111 of the Employment Rights Act 1996 gives employees the right to recover unlawful deductions, including missed SSP. An employee may first raise a grievance; if unresolved, they can file a claim to an employment tribunal within three months of the breach. Remedies include back‑pay of SSP, interest, and, where appropriate, compensation for breach of contract.
How can employees make a formal SSP claim or raise a grievance?
Quick Answer: Employees should notify their employer in writing of the sickness, submit a SSP claim form (or self‑certification for the first 7 days), and, if denied, raise a formal grievance following the employer’s grievance policy.
The employer must provide a SSP claim form (HMRC “SSP1”) within 5 days of the sickness notification. The employee must supply a medical certificate after 7 days of absence. If the employer refuses payment, the employee should follow the internal grievance procedure (usually 5‑10 days to submit, 5‑15 days for a response). Unresolved grievances can be escalated to an employment tribunal.
What evidence and documentation should employees keep for SSP claims?
Quick Answer: Employees should retain copies of sickness notifications, medical certificates, SSP claim forms, payslips showing SSP deductions, and any correspondence with the employer.
Key documents include the initial written notice of sickness, the employer’s SSP claim form (SSP1), a doctor’s fit‑note (MED3) after 7 days, and payslips indicating SSP receipt or deduction. Email trails or letters confirming the employer’s decision are also vital. Maintaining a chronological file supports any tribunal claim and helps calculate the exact amount of unpaid SSP.
Common mistakes employers make when administering SSP and how to avoid them?
Quick Answer: Frequent errors include mis‑calculating the earnings threshold, failing to provide the SSP claim form on time, and incorrectly applying waiting periods during parental leave.
Employers often overlook the £123 weekly Lower Earnings Limit or misapply the 13‑week continuity rule, leading to unlawful refusals. To avoid errors, HR should use HMRC’s SSP calculator, issue the SSP1 form within 5 days of notification, and ensure the 3‑day qualifying period is observed even during statutory leave. Regular training and a checklist of statutory requirements minimise compliance risk.
Practical Steps & Evidence Checklist
Whether you are an employee preparing to claim Statutory Sick Pay (SSP) in the UK or an employer managing SSP obligations, following a clear, documented process will help ensure compliance and minimise disputes. The checklist below outlines the key actions and supporting evidence you should gather from the moment sickness is reported through to the final SSP payment.
- Step 1: Notify your employer promptly – Inform your employer of your incapacity as soon as possible, ideally within the first three days of illness. Record the date, time, and method of notification (e.g., email, phone call, written notice).
- Step 2: Provide a fit note (if required) – If your sickness lasts more than seven calendar days, obtain a Statutory Sick Pay (SSP) fit note (formerly “sick note”) from a qualified medical practitioner and submit it to your employer within the stipulated timeframe.
- Step 3: Complete the employer’s SSP claim form – Fill out any internal SSP declaration or claim form, confirming your earnings, start date of sickness, and any periods of pre‑existing incapacity. Keep a copy for your records.
- Step 4: Retain supporting documentation – Keep copies of payslips, employment contracts, the fit note, and any correspondence with your employer relating to the sickness absence. These documents may be needed if a dispute arises.
- Step 5: Track SSP payments – Verify that the SSP payments you receive match the statutory rate (£109.40 per week as of 2024/25) and are paid for the correct qualifying days. Report any discrepancies to your payroll department immediately.
Frequently Asked Questions
What is the current rate of Statutory Sick Pay in the UK?
For the tax year 2024/25, the statutory rate of SSP is £109.40 per week. This amount is paid for each qualifying day of sickness, up to a maximum of 28 weeks. The rate is reviewed annually and may change in future tax years.
Who is eligible to receive Statutory Sick Pay?
Eligibility requires that the employee:
- Is classed as an employee (not a contractor or self‑employed individual);
- Earns an average of at least £123 per week (the Lower Earnings Limit) before tax;
- Has been off work due to illness for at least four consecutive days (including non‑working days); and
- Provides a fit note if the sickness lasts more than seven calendar days.
Employers must also meet the statutory obligation to pay SSP unless an employee is excluded (e.g., on a “no‑pay” maternity leave).
Can an employer refuse to pay SSP?
An employer may lawfully refuse SSP only if the employee does not meet the statutory eligibility criteria—for example, if the employee’s earnings are below the Lower Earnings Limit, or if the employee fails to provide a required fit note. In all other circumstances, refusal would breach the Social Security Contributions and Benefits Act 1992 and could lead to an employment tribunal claim.
How many days of SSP can I receive?
SSP is payable for up to 28 weeks (or 140 qualifying days) for a single period of sickness. If an employee returns to work and later experiences a new period of incapacity, a fresh SSP entitlement may arise, provided the new sickness episode is separate and the employee meets the qualifying criteria again.
Do I still receive my contractual sick pay in addition to SSP?
Many employers offer contractual or occupational sick pay that is more generous than SSP. In such cases, the employer can choose to pay the contractual amount and offset it against the SSP liability, or pay SSP in addition to the contractual scheme. The specific arrangement should be set out in the employment contract or the employer’s sick‑pay policy.
What evidence does an employer need to verify a claim?
Employers may request:
- A fit note from a GP or other qualified medical professional for absences longer than seven days;
- Proof of earnings (e.g., recent payslips) to confirm the employee meets the earnings threshold;
- Any medical certificates or reports that substantiate the nature and expected duration of the illness.
Employers must handle all medical information in accordance with data‑protection legislation (GDPR and the Data Protection Act 2018).
Can I claim SSP if I’m on holiday when I fall ill?
If an employee becomes ill while on holiday, the holiday entitlement is typically preserved, and SSP may be payable from the first qualifying day of sickness. The employer should treat the period of illness as ordinary sick leave, not as holiday, and continue to pay SSP alongside any accrued holiday pay.
What should I do if my employer underpays or delays SSP?
First, raise the issue informally with the payroll or HR department, providing copies of the relevant payslips and claim forms. If the matter is not resolved, the employee can:
- Submit a formal grievance in line with the employer’s grievance procedure;
- Seek advice from Acas (Advisory, Conciliation and Arbitration Service) for early conciliation;
- File a claim at an employment tribunal for unlawful deduction of wages, subject to the three‑month limitation period.
Document all communications and retain evidence of the underpayment throughout the process.
Conclusion
Statutory Sick Pay UK provides a safety net for employees who are unable to work due to illness, subject to clear eligibility thresholds and procedural requirements. Employers must calculate SSP correctly, honour the statutory rate, and retain appropriate records, while employees should promptly notify their employer, supply any required medical evidence, and monitor payments. Understanding the interplay between SSP, contractual sick pay, and other benefits is essential for both parties to avoid disputes and ensure compliance with the Social Security Contributions and Benefits Act 1992.
If you encounter complexities—such as mixed‑status work arrangements, disputes over eligibility, or potential underpayment—consult a qualified solicitor or employment law specialist. Tailored advice will help protect your rights and mitigate the risk of costly litigation.
Legal Disclaimer
This article provides general educational information regarding England and Wales law and does not constitute formal legal advice, legal representation, or the creation of an attorney‑client relationship. Laws and regulatory guidance are subject to frequent legislative amendments and judicial interpretation. Individuals and organizations facing legal proceedings or disputes should seek personalized counsel from a qualified solicitor, advocate, or attorney in their jurisdiction.