UK Employment Rights: Redundancy, Leave, Contracts and Workplace Protections

Sick Leave Rights UK — SSP, Company Sick Pay & Returning to Work

Your rights to sick leave and sick pay in the UK, including SSP rates, qualifying conditions, company sick pay, fit notes, and what happens if you're off long-term.

Salary and income data is based on ONS and other official UK statistical sources. Figures are averages and may not reflect your individual circumstances.

Understanding your sick leave rights protects you when you’re unwell. Here’s what you’re entitled to in the UK, reflecting the SSP reforms that took effect on 6 April 2026.

For the wider cluster covering redundancy, statutory pay, leave rights, contract protections, and dispute routes, use the main Employment Rights hub.

At a Glance — Statutory Sick Pay (SSP) 2026/27

FeatureDetail
SSP rate£123.25 per week (or 80% of average weekly earnings if lower)
Paid byYour employer
DurationUp to 28 weeks
Waiting daysNone — abolished from 6 April 2026. SSP is paid from the first qualifying day
Minimum sickness to qualify4 consecutive days — unchanged. Paid from day 1 of that absence since 6 April 2026 (waiting days abolished)
Minimum earningsNone — the Lower Earnings Limit was abolished from 6 April 2026
Qualifying daysDays you normally work (usually Mon–Fri)
TaxableYes — SSP is subject to income tax and NI
Fit note requiredFrom day 8 of illness (self-certify for days 1–7)

Who Qualifies for SSP

RequirementDetail
Employee or agency workerSelf-employed, directors without employment contracts, and some agency workers don’t qualify
At least 4 consecutive days off sickThe “Period of Incapacity for Work” minimum — unchanged. Payment starts from day 1 of that absence since 6 April 2026
Notified employerWithin your employer’s notification deadline (or within 7 days if none specified)
Not already receiving SSP for 28 weeksSSP stops at 28 weeks

There is no longer a minimum earnings threshold to qualify. If your average weekly earnings are below what the old Lower Earnings Limit used to be, you receive 80% of your average weekly earnings instead of the £123.25 flat rate, if that is lower.

Who Doesn’t Qualify

GroupAlternative
Self-employedNo SSP — claim ESA or Universal Credit
On maternity leaveStatutory Maternity Pay or Maternity Allowance continues
Already had 28 weeks of SSPClaim ESA or Universal Credit

SSP vs Company Sick Pay

FeatureSSPCompany (occupational) sick pay
Rate£123.25/week (or 80% of average earnings if lower)Varies — often full pay for a period, then half pay
Duration28 weeksVaries by employer — typically 3–6 months full pay
Who sets the rulesGovernmentYour employer (check your contract)
Minimum standardSSP is the legal minimumMust be at least SSP
Waiting daysNone (from 6 April 2026)Often none (many employers pay from day 1)

Typical Company Sick Pay Policies

Service lengthFull pay periodHalf pay period
Under 1 year1 month1 month
1–3 years2 months2 months
3–5 years3 months3 months
5+ years6 months6 months

These are examples — your employer’s policy may differ. Check your contract or employee handbook.

Fit Notes

FeatureDetail
Needed fromDay 8 of illness
Issued byGP, hospital doctor, nurse, pharmacist, occupational therapist, physiotherapist
Two categories“Not fit for work” or “May be fit for work” (with adjustments)
DurationGP decides — can be days, weeks, or months
CostFree from the NHS
Self-certificationFor days 1–7 — use your employer’s form or write a statement

“May Be Fit for Work” Adjustments

AdjustmentExample
Phased returnStart with shorter hours, gradually increase
Amended dutiesLighter tasks, no heavy lifting
Altered hoursStart later, finish earlier, avoid rushes
Workplace adaptationsErgonomic equipment, ground-floor office

Your employer doesn’t have to accept these adjustments — but if they can’t accommodate them, you’re treated as “not fit for work” and SSP continues.

Your Rights While Off Sick

RightDetail
Receive SSP (if eligible)Employer must pay SSP — it’s the law
Not be dismissed automaticallyMust follow a fair process
Accrue holidayYou continue to build up annual leave while off sick
Take holiday while sickYou can request to take holiday during sick leave (and receive holiday pay instead of SSP)
PrivacyEmployer can ask about your condition but you don’t have to disclose a specific diagnosis (though it may help if you want adjustments)
Reasonable adjustments (disabled employees)Employer must consider adjustments under the Equality Act 2010
Not be harassedEmployer shouldn’t put unreasonable pressure on you to return

Long-Term Sickness

TimeframeWhat happens
Day 1SSP begins from the first qualifying day (from 6 April 2026), if eligible
Day 8+You need a fit note
4+ weeksEmployer should hold a welfare meeting and consider occupational health
Up to 28 weeksSSP continues
After 28 weeksSSP stops — claim ESA or Universal Credit
OngoingEmployer may begin capability process if no return date is foreseeable

When SSP Runs Out

OptionDetail
ESA (Employment and Support Allowance)Rate depends on your group and NI contributions — confirm the current rate on gov.uk before relying on it, as ESA and Universal Credit health-related rates were restructured from April 2026
Universal CreditIncludes a limited capability for work element — rates now differ for new and existing claims following an April 2026 reform; check the current rate on gov.uk
PIP (Personal Independence Payment)Based on how your condition affects daily life and mobility — confirm current weekly rates on gov.uk. Not means-tested
Occupational sick payYour employer’s scheme may continue beyond 28 weeks
Income protection insuranceIf you have a policy, it typically kicks in after a waiting period

Returning to Work

StepDetail
Fit note expiresYou can return without further medical clearance (unless employer’s policy requires it)
Phased returnGP may recommend a gradual return — discuss with your employer
Reasonable adjustmentsIf you have a disability or long-term condition, employer must consider adjustments
Return-to-work meetingMost employers hold a brief meeting — this is normal and should be supportive
Occupational health referralEmployer may refer you for an independent assessment

Disability and the Equality Act

FeatureDetail
When the Act appliesIf your condition has a substantial and long-term (12+ months) effect on day-to-day activities
Reasonable adjustmentsEmployer must make changes to help you do your job
DiscriminationCannot treat you less favourably because of your disability
Sickness absence triggersDisability-related absence may need to be discounted from sickness records
Examples of adjustmentsFlexible hours, home working, modified duties, equipment, time off for treatment

Common Questions

QuestionAnswer
Can my employer contact me while I’m off sick?Yes — but contact should be reasonable and supportive, not pressuring
Can I go on holiday while off sick?Yes — sick leave and holiday are separate. Being off sick doesn’t mean being housebound
Can I do other work while on sick leave?Risky — if your employer finds out, it could be grounds for dismissal
Do I get sick pay during my notice period?Yes — SSP continues during your notice period if you’re eligible
Can I be made redundant while off sick?Yes — if the redundancy is genuine and not related to your sickness

Sources

  1. GOV.UK — Statutory Sick Pay
  2. GOV.UK — Statutory Sick Pay eligibility