UK Statutory Sick Pay 2026
As an employee in the UK, understanding your entitlement to statutory sick pay is crucial in case you fall ill and need to take time off work. In this article, we will delve into the details of UK statutory sick pay 2026, including entitlement, employer obligations, and the steps to take if your claim is refused, as per the Social Security Contributions and Benefits Act 1992 and the Employment Rights Act 1996.
What is Statutory Sick Pay?
Statutory Sick Pay (SSP) is a legal entitlement for employees in the UK who are absent from work due to illness or injury. According to the Social Security Contributions and Benefits Act 1992, Section 151, SSP is payable for up to 28 weeks in any period of incapacity for work. Employers are responsible for paying SSP to eligible employees, as stated in the Employment Rights Act 1996, Section 87. The current rate of SSP is £99.35 per week, as of April 2026, and is usually paid by the employer for the first 28 weeks of sickness absence, as per the Statutory Sick Pay (General) Regulations 1982, Regulation 5.
Key takeaway: Employees can claim SSP for up to 28 weeks in any period of incapacity for work, at a rate of £99.35 per week.
Entitlement to Statutory Sick Pay
To be entitled to SSP, an employee must meet certain conditions, as outlined in the Social Security Contributions and Benefits Act 1992, Section 151. These include being an employee (not self-employed), earning at least the Lower Earnings Limit (LEL) of £123 per week, and having been absent from work due to illness or injury for at least four days in a row, including weekends and bank holidays, as per the Statutory Sick Pay (General) Regulations 1982, Regulation 5. Additionally, the employee must have been paying National Insurance contributions (NICs) and have provided their employer with a doctor’s note (also known as a fit note) if their absence exceeds seven days, as stated in the Employment and Support Allowance Regulations 2008, Regulation 18.
Key takeaway: Employees must meet certain conditions, including earning at least the Lower Earnings Limit and paying National Insurance contributions, to be entitled to SSP.
Employer Obligations
Employers have certain obligations when it comes to SSP, as outlined in the Employment Rights Act 1996, Section 87. These include paying SSP to eligible employees for up to 28 weeks, keeping accurate records of SSP payments, and providing employees with a written statement of their entitlement to SSP, as per the Employment Rights Act 1996, Section 1. Employers must also ensure that they do not discriminate against employees who are receiving SSP, as stated in the Equality Act 2010, Section 13. Failure to comply with these obligations can result in penalties, such as fines or tribunal claims, as per the Employment Tribunal Rules of Procedure 2013, Rule 26.
Key takeaway: Employers must pay SSP to eligible employees, keep accurate records, and provide written statements of entitlement to avoid penalties.
What to Do if Your Claim is Refused
If an employee’s claim for SSP is refused, they can appeal the decision, as per the Social Security and Child Support (Decisions and Appeals) Regulations 1999, Regulation 3. The employee should first contact their employer to discuss the reasons for the refusal and provide any additional information or evidence that may support their claim, as stated in the Employment Rights Act 1996, Section 111. If the issue is not resolved, the employee can contact the HMRC SSP helpline or seek advice from a trade union representative or a solicitor specializing in employment law, such as those at LitigaForge AI. The employee may also be able to claim Employment and Support Allowance (ESA) or Universal Credit, as per the Welfare Reform Act 2012, Section 1.
Key takeaway: Employees who have their SSP claim refused can appeal the decision and seek advice from a trade union representative or solicitor.
Practical Steps for Employees
To ensure a smooth process, employees should keep accurate records of their sickness absence, including dates, doctor’s notes, and any correspondence with their employer, as per the Data Protection Act 2018, Section 3. Employees should also inform their employer as soon as possible if they are unable to work due to illness or injury, and provide a doctor’s note if their absence exceeds seven days, as stated in the Employment and Support Allowance Regulations 2008, Regulation 18. Additionally, employees should be aware of their entitlement to SSP and understand their employer’s obligations, as outlined in the Employment Rights Act 1996, Section 87. By following these steps, employees can ensure they receive the SSP they are entitled to and minimize any disputes with their employer, as per the ACAS Code of Practice on Disciplinary and Grievance Procedures 2019, Paragraph 1.
Key takeaway: Employees should keep accurate records, inform their employer promptly, and understand their entitlement to SSP to ensure a smooth process.
Frequently Asked Questions
How much is statutory sick pay in the UK?
The current rate of SSP is £99.35 per week, as of April 2026.
How long can I claim statutory sick pay for?
You can claim SSP for up to 28 weeks in any period of incapacity for work.
Do I need a doctor’s note to claim statutory sick pay?
Yes, you will need a doctor’s note if your absence exceeds seven days.
Can my employer refuse to pay me statutory sick pay?
Yes, but they must have a valid reason for doing so, and you can appeal the decision if you disagree.
Try LitigaForge AI free at litigaforge.com to get expert employment law advice and ensure you receive the statutory sick pay you are entitled to.
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