Statutory Sick Pay in the UK

SSP is what the law guarantees. Your employer may offer more. Understanding the difference matters when you are off sick.

SSP is the floor, not necessarily what you will receive

Statutory Sick Pay is the minimum your employer is legally required to pay when you are off sick. Many employers offer contractual sick pay on top — a higher rate, a longer duration, or both. Your employment contract or staff handbook sets out what you are entitled to above SSP. Always check your contract before assuming SSP is all you will receive.

Your employer cannot pay you less than SSP if you qualify for it. If your contractual sick pay is higher, your employer pays the contractual amount and claims back nothing — SSP is no longer recoverable from HMRC by most employers.

What Statutory Sick Pay is and who qualifies

SSP is paid by your employer when you are off work sick. To qualify, you must:

  • Be an employee (not self-employed or a worker below the lower earnings limit)
  • Have average weekly earnings above the lower earnings limit — verify the current figure at GOV.UK, as it changes each April
  • Be sick for at least four consecutive days (including weekends and bank holidays)

The current SSP rate is £116.75 per week — verify at GOV.UK, as it increases each April. It is paid by your employer, not by HMRC or DWP.

SSP starts on day four, not day one — this catches people out

The first three days of any period of sickness are called waiting days. You do not receive SSP for those days. SSP kicks in on day four.

If you are sick Monday, Tuesday, and Wednesday, and return on Thursday, you will receive no SSP at all — your illness fell entirely within the waiting period.

Some employers waive waiting days in their contractual sick pay policy. Check your contract or staff handbook before assuming you will not be paid for the first three days. If your employer does waive them, you will receive pay from day one — but that is a contractual benefit, not a statutory right.

How long SSP lasts

SSP is paid for up to 28 weeks. If you are still unable to work after 28 weeks, SSP stops. At that point, you may be able to claim other benefits — Universal Credit or Employment and Support Allowance, depending on your circumstances. See /benefits/universal-credit for what to do if your sick pay runs out.

Separate periods of sickness are treated as linked if the gap between them is eight weeks or less. If you have been on SSP, return to work, and go off sick again within eight weeks, the periods are treated as one continuous period for calculating the 28-week maximum.

Fit notes explained

For the first seven days of sickness, you can self-certify. You do not need a fit note from a doctor. Your employer may ask you to fill in a self-certification form on your return.

From day eight onwards, your employer can ask for a fit note (previously called a sick note). A GP, hospital doctor, nurse, or other authorised healthcare professional issues the fit note. It either states that you are not fit for work, or that you may be fit for work with certain adjustments.

If the fit note says you may be fit for work, it does not mean you must return. It means the doctor believes you could work if certain changes were made, such as reduced hours, adjusted duties, or a phased return. Your employer then has to decide whether those adjustments are reasonable. If they are not, you remain off sick on SSP.

GPs are not obliged to issue a fit note before day eight. If you are struggling to get an appointment in time, explain the situation to your employer and document the attempt.

What to do if your employer refuses to pay SSP

If your employer says you do not qualify for SSP, or that SSP has ended, they are legally required to give you form SSP1. This form explains why you are not receiving SSP and allows you to potentially claim other benefits.

If you believe you do qualify but your employer is not paying, the dispute goes to HMRC — not to an employment tribunal. HMRC handles SSP enforcement directly. You can report the issue at GOV.UK. HMRC can investigate and require the employer to pay.

ACAS, the employment advisory service, can also advise you on the process: 0300 123 1100.

Dismissal during sickness — a high-risk area

An employer can dismiss you while you are on sick leave, but they must follow a fair process. This typically means holding absence review meetings, obtaining medical evidence, considering whether reasonable adjustments could support your return, and giving you the chance to respond at each stage.

If your illness is a disability under the Equality Act 2010, your employer has additional obligations. Dismissal without a proper process during sick leave may be unfair dismissal or disability discrimination. See /employment-rights/unfair-dismissal for the process if you are facing this.

Get plain-English employment rights guides without the legal jargon.

Common questions

How much is Statutory Sick Pay?

SSP is currently £116.75 per week. Verify the current rate at GOV.UK — it increases each April. It is paid at a flat weekly rate regardless of your normal salary. If your employer has a contractual sick pay scheme that pays more than SSP, you should receive the higher contractual amount. Check your employment contract.

When does SSP start — is day one covered?

No. The first three days of sickness are unpaid waiting days. SSP starts on day four of your illness. Days are counted consecutively, including weekends and bank holidays. So if you are sick Monday to Wednesday and return Thursday, no SSP is payable at all. Some employers waive the waiting days in their contractual sick pay policy — check your contract.

How long can I claim SSP?

Up to 28 weeks in total. After 28 weeks, SSP stops and you need to look at other benefits — Universal Credit or Employment and Support Allowance, depending on your situation. Separate sickness periods are linked together if the gap between them is eight weeks or less, which counts toward the 28-week total.

Do I need a sick note from day 1?

No. You can self-certify for the first seven days. Your employer can ask you to complete a self-certification form when you return, but they cannot require a doctor's note before day eight. From day eight, your employer can request a fit note from a GP or other authorised healthcare professional.

What happens when SSP runs out?

When SSP ends after 28 weeks, your employer gives you form SSP1. You can use this to apply for Universal Credit or Employment and Support Allowance. The DWP assesses your eligibility for these benefits based on your health, household income, and savings. See the Universal Credit guide at /benefits/universal-credit for how to start a claim.

Can my employer refuse to pay SSP?

Only if you do not meet the qualifying conditions — you are not an employee, your earnings are below the lower earnings limit, or your sickness period has not reached the four-day threshold. If your employer says you do not qualify, they must give you form SSP1 explaining why. If you believe they are wrong, contact HMRC directly — SSP disputes are handled by HMRC, not the employment tribunal. The ACAS helpline (0300 123 1100) can advise on the process.

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