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Fallen ill and can’t work? You might be entitled to Statutory Sick Pay (SSP). This is a crucial payment to help you manage your finances.
Many people don’t know their rights when it comes to sick pay. This guide explains exactly who is eligible for SSP.
We’ll show you how to claim it step-by-step and what to do if your employer says no. Let’s get you the support you’re entitled to.
What is Statutory Sick Pay (SSP)?
Statutory Sick Pay, or SSP, is the minimum amount of money your employer must pay you if you’re too ill to work.
It’s not a benefit from the government paid directly to you. Instead, it’s a legal requirement for your employer to pay it through your usual payroll.
Think of it as a safety net. It ensures you still have some income coming in while you recover from an illness or injury.
The rules are set by the government, and the current rate for 2024/2025 is £116.75 per week. This amount can change each tax year.
Who is Eligible to Receive SSP?
To qualify for SSP, you need to meet a few specific conditions. It’s important to check if you tick all the boxes before you make a claim.
First, you must be classed as an employee and have done some work for your employer. Agency workers are often entitled too.
Here are the main eligibility criteria set out by the government:
- Employment Status: You must be an employee, which includes most workers on a permanent, fixed-term, or agency contract.
- Illness Duration: You need to be off sick for at least 4 consecutive days. This is known as a ‘period of incapacity for work’.
- Earnings Threshold: Your average earnings must be at least £123 per week (before tax) for the 2024/2025 tax year.
- Proper Notification: You must have told your employer you’re sick by their deadline, or within 7 days if they don’t have one.
The first three days of sickness are called ‘waiting days’, and you don’t get paid SSP for them. Payment starts from the fourth day.
How to Claim Statutory Sick Pay: A Step-by-Step Guide
Claiming SSP is usually straightforward, but you must follow the correct procedure. Missing a step could delay your payment.
It all starts with notifying your employer. Let’s break down the process into simple, actionable steps.
- Inform Your Employer: Tell your boss you are sick as soon as possible. Follow your company’s policy on reporting absence. If they don’t have one, do it within 7 days.
- Self-Certification (First 7 Days): For the first 7 calendar days of sickness, you can ‘self-certify’. This means you just need to tell your employer you’re ill, you don’t need a doctor’s note.
- Get a Fit Note: If you’re off sick for more than 7 days in a row (including non-working days), you must get a ‘fit note’ from a healthcare professional.
- Provide the Fit Note: Give the fit note to your employer. This medical evidence is essential for them to continue paying your SSP.
Important: A fit note can be issued by a GP, nurse, pharmacist, occupational therapist, or physiotherapist. You don’t always need to see a doctor.
How Much is SSP and How Long is it Paid For?
The amount you receive is a fixed weekly rate. For the tax year 2024-2025, Statutory Sick Pay is £116.75 per week.
This payment is subject to tax and National Insurance deductions, just like your regular wages. It’s not a tax-free benefit.
Your employer is responsible for paying your SSP in the same way they usually pay you, whether that’s weekly or monthly.
SSP can be paid for a maximum of 28 weeks for any single period of sickness or linked periods of sickness.
Periods of sickness are considered ‘linked’ if they last 4 or more days each and are 8 weeks or less apart. Your entitlement doesn’t restart.
What to Do if Your Employer Refuses to Pay SSP
It can be incredibly stressful if your employer refuses to pay SSP when you believe you are entitled to it. Don’t panic; there are steps you can take.
First, have a calm conversation with your employer or HR department. Ask for a clear reason for the refusal in writing.
If they claim you are not eligible, they must give you a form called SSP1 within 7 days of you going off sick.
This form is crucial. It explains why they cannot pay you SSP and allows you to apply for other benefits like Universal Credit or Employment and Support Allowance (ESA).
If you disagree with their decision and they refuse to reconsider, you can seek further help.
- Contact HMRC: The Statutory Payments Disputes Team at HM Revenue and Customs (HMRC) can make a formal decision on your case.
- Gather Your Evidence: Keep records of your sick days, copies of your fit notes, and any communication with your employer.
- Get Advice: Organisations like Citizens Advice or Acas offer free, impartial advice on employment rights and can help you navigate the process.
SSP for Agency, Zero-Hour, and Part-Time Workers
Many people on flexible contracts worry they aren’t entitled to sick pay. The rules can be confusing, but you often still have rights.
Agency workers are entitled to SSP, provided you meet the other eligibility conditions, like the minimum earnings threshold.
For those on zero-hour contracts, it’s more complex. You are eligible if you have done some work and earn an average of at least £123 per week.
HMRC uses an 8-week period leading up to your sickness to calculate your average earnings. If you had little or no work in that period, you might not qualify.
Part-time workers are also covered by the SSP rules. As long as your average weekly earnings meet the threshold, you are entitled to the full weekly SSP rate.
A key point: Your entitlement isn’t based on the number of hours you work, but on your average earnings. This is where many people get confused.
What Happens When Your SSP Ends?
SSP is a short-term support system, lasting for a maximum of 28 weeks. So what happens if you’re still too ill to return to work?
Your employer must issue you with form SSP1. They should do this on or before the beginning of the 23rd week of your SSP payments.
This form is your key to accessing other government support. It confirms that your Statutory Sick Pay is ending or has ended.
With the SSP1 form, you may be able to apply for:
- Employment and Support Allowance (ESA): A benefit specifically for people who have an illness or disability that affects their ability to work.
- Universal Credit: A payment to help with your living costs. You might get this instead of, or alongside, ESA.
- Personal Independence Payment (PIP): A benefit to help with the extra costs of a long-term health condition or disability.
It’s vital to start your application for these benefits as soon as you receive the SSP1 form to avoid a gap in your income.
Common Questions About Statutory Sick Pay
The rules around sick pay can bring up a lot of questions. Here are clear answers to some of the most common queries people have.
Can I get SSP if I’m sick during my holiday?
Yes. If you fall ill during your annual leave, you can report yourself sick and receive SSP. You can then take the holiday you missed at a later date.
What if I have more than one job?
You may be able to get SSP from each employer if you meet the eligibility criteria for each job separately. Being sick from one job doesn’t stop you from working at the other.
Does my employer have their own sick pay scheme?
Many companies offer a ‘contractual’ or ‘occupational’ sick pay scheme that is more generous than SSP. Check your employment contract.
If they do, it must be at least equal to the SSP amount. They cannot pay you less than the statutory minimum.
Understanding your rights is the first step to ensuring you are treated fairly. Always check your contract and speak to your HR team if you are unsure.
