If you have ever stayed off work ill and wondered whether you would be paid, the rules have changed in your favour. Statutory sick pay in the UK looks very different in 2026, and many employees, especially part-time and lower-paid workers, still do not know what they are now entitled to.
This guide explains what changed, how much you can receive, and what to do if your employer will not pay.
What Changed on 6 April 2026?
Under the Employment Rights Act 2025, three major changes took effect on the same date:
- No more waiting days. From 6 April 2026, SSP is payable from the first qualifying day of sickness absence, so even a single day off sick can trigger it.
- The Lower Earnings Limit was removed. Previously, you had to earn at least £125 a week to qualify. From April 2026, employees qualify regardless of how much they earn.
- A new rate calculation applies. Employers pay whichever is lower: the flat rate of £123.25 or 80% of the employee’s average weekly earnings.
How Much Statutory Sick Pay Will You Get?
The weekly flat rate is £123.25. But if 80% of your average weekly earnings is lower than that, you receive the lower figure.
| Your average weekly earnings | Your SSP per week |
|---|---|
| £100 | £80 (80% of earnings) |
| £155 | £123.25 (flat rate) |
| £200 | £123.25 (flat rate) |
For most employees, the amount is the same as before. The real change is that you are paid from day one, and workers who earned too little to qualify before are now covered.
Who Qualifies for SSP?
You can generally claim SSP if:
- you are an employee (not self-employed)
- you are too ill to work for at least one qualifying day
- you follow your employer’s notification rules, such as telling them in time and providing a fit note when required
Some groups, such as certain agency workers, may have different rights, so check your own situation if you are unsure.
Is SSP the Same as Company Sick Pay?
No. SSP is the legal minimum. Employers cannot pay less than the statutory entitlement, although some operate enhanced contractual sick pay schemes alongside SSP. Check your contract or staff handbook to see whether you are entitled to more.
What If Your Employer Refuses to Pay Sick Pay?
Employers sometimes get this wrong, either by mistake or by ignoring the new rules. If you are not being paid:
- Check your payslip and your contract or sickness policy.
- Put your concerns in writing to your manager or HR, referring to the 6 April 2026 changes.
- Raise a formal grievance if the problem continues.
- Contact Acas for free guidance, and consider enforcement help. The new Fair Work Agency began enforcement the day after the SSP changes came into effect, on 7 April 2026.
- Get legal advice. Unpaid sick pay may amount to an unlawful deduction from wages. Read our guide on illegal deduction of wages to understand your options.
Remember the claim deadlines. For dismissals and many claims arising on or after 1 October 2026, the window is now six months, but you should still act quickly. See our guide on employment tribunal time limits.
Can You Be Dismissed for Being Off Sick?
Being sick does not give you immunity from dismissal, but employers must act fairly. If you are dismissed because of illness, or treated badly for taking sick leave, it may be unfair dismissal or disability discrimination, depending on your condition and the facts. If your treatment becomes unbearable, you may also want to read about constructive dismissal. Do not sign any exit deal in a hurry, and read our guide on settlement agreements first.
A Note for Employers
Day-one SSP means even short absences now carry a cost, so accurate absence records and updated policies matter. Employers should update sickness policies, check that payroll systems can calculate the 80% earnings-based rate, and communicate the changes to staff. Getting this wrong can lead to wage claims and enforcement action.
Frequently Asked Questions
Do I get sick pay from my first day off?
Yes. Since 6 April 2026 there are no waiting days, so SSP can be payable from the first qualifying day.
I earn less than £125 a week. Can I claim now?
Yes. The Lower Earnings Limit for SSP has been removed, so low earners can now qualify.
How much is statutory sick pay in 2026?
The flat rate is £123.25 a week, or 80% of your average weekly earnings if that is lower.
Can my employer pay me less than SSP?
No. SSP is the legal minimum. Your contract may offer more.
What if my employer ignores the new rules?
Raise it in writing, contact Acas, and take legal advice. It may be an unlawful deduction from wages.
Not Being Paid Sick Pay? Speak to Maison Lex
Whether you are facing unpaid sick pay, unfair treatment during illness or a dismissal after time off, our employment solicitors in Coventry advise employees across the UK.
Contact us today for clear, practical advice.
📞 +44 7500 980526 | ✉️ info@maisonlex.co.uk
This article is for general information only and is not legal advice. Employment law is changing under the Employment Rights Act 2025.
