Statutory Sick Pay (SSP): Your Rights When Off Work Ill

Falling ill when you have workplace responsibilities can be worrying, but statutory rights exist to ensure you do not suffer a complete loss of income while recovering. Statutory Sick Pay (SSP) is the legal baseline amount that employers in the UK must pay to eligible workers who are absent from work due to sickness or injury. This guide explains how SSP works, the current rates for 2026/27, how to notify your employer, and what options you have if a dispute arises over your pay.

Statutory Sick Pay Rates and Rules for 2026/27

For the 2026/27 tax year, the standard statutory rate for SSP is £123.25 per week. Under updated regulations designed to protect lower-paid workers, Statutory Sick Pay is calculated at either £123.25 per week or 80% of your average weekly earnings, whichever figure is lower. This ensures that workers on lower or variable incomes receive proportional financial support without being excluded by arbitrary lower earnings thresholds.

Key rules governing SSP include:

• SSP is paid by your employer for up to 28 weeks of illness.
• Payments are made in the same way as your normal wage (weekly or monthly), with tax and National Insurance deducted as usual.
• You are entitled to SSP from your first day of sickness absence under revised statutory provisions.

Who Is Eligible for SSP?

To qualify for Statutory Sick Pay from your employer, you must meet the following criteria:

• You must be classed as an employee or worker (including agency workers, casual staff, zero-hours contract workers, and fixed-term employees).
• You must have been off work sick for a qualifying period.
• You must notify your employer of your sickness in accordance with their notification rules or within 7 days.

Self-employed individuals are not eligible for SSP, but may be able to claim New Style Employment and Support Allowance or Universal Credit instead.

Self-Certification and Fit Notes

When you take time off ill, you must follow clear reporting guidelines:

• First 7 calendar days: You can self-certify your sickness. This means you do not need to see a doctor immediately; you simply inform your employer in writing or complete a short self-certification form when you return.
• After 7 calendar days: You must provide your employer with a formal fit note (previously called a sick note) issued by a doctor, nurse, occupational therapist, pharmacist, or physiotherapist. The fit note will state whether you are 'not fit for work' or 'may be fit for work' with workplace adjustments.

Occupational or Contractual Sick Pay

Many employers offer occupational sick pay (also called contractual sick pay) that is higher than the statutory minimum. For example, your contract might grant full pay for a set number of weeks. Check your written employment contract, staff handbook, or intranet for details. An employer cannot pay less than the statutory rate of £123.25 per week (or 80% of average earnings).

What to Do If Your Employer Refuses to Pay SSP

If your employer refuses to pay SSP, fails to pay the correct amount, or claims you are ineligible, take the following steps:

1. Request a written explanation on official form SSP1 from your employer stating why they believe SSP cannot be paid.
2. Contact the HMRC Statutory Payments Dispute Team on 0300 200 3500. HMRC officers can investigate your employment situation and order your employer to pay if SSP is due.

If your sickness continues beyond the 28-week maximum limit for SSP, your employer must issue form SSP1 so you can transition onto New Style ESA or Universal Credit via GOV.UK (gov.uk/statutory-sick-pay).