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.

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) 2025/26

FeatureDetail
SSP rate£116.75 per week
Paid byYour employer
DurationUp to 28 weeks
Waiting daysFirst 3 qualifying days are unpaid
Minimum earningsMust earn at least £123/week (Lower Earnings Limit)
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
Earning at least £123/weekBelow this threshold, you can’t get SSP
Sick for at least 4 consecutive daysIncluding non-working days (e.g., weekends)
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

Who Doesn’t Qualify

GroupAlternative
Self-employedNo SSP — claim ESA or Universal Credit
Earning under £123/weekClaim ESA or Universal Credit
On maternity leaveStatutory Maternity Pay or Maternity Allowance continues
Already had 28 weeks of SSPClaim ESA or Universal Credit
Within first 3 waiting daysCompany sick pay may cover this (employer dependent)

SSP vs Company Sick Pay

FeatureSSPCompany (occupational) sick pay
Rate£116.75/weekVaries — 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 days3 daysOften 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
Days 1–3Waiting days — no SSP. Company sick pay may apply
Days 4–7Self-certify. SSP begins (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)Up to £90.50/week (support group) — based on NI contributions or income
Universal CreditIncludes a limited capability for work element (£416.19/month in support group)
PIP (Personal Independence Payment)£28.70–£184.30/week — based on how your condition affects daily life and mobility. 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. ONS — Annual Survey of Hours and Earnings