Statutory Sick Pay (SSP) is the minimum sick pay an employer must pay an employee who is too ill to work. Part XI of the Social Security Contributions and Benefits Act 1992 creates the right, and legislation.gov.uk marks the Part as extending to England, Wales and Scotland. This guide covers Great Britain only and is a general explanation of GOV.UK guidance and the Act, not advice on a particular absence.
Who can claim Statutory Sick Pay
GOV.UK says that to qualify for SSP a person must be classed as an employee, have done some work for the employer and have been ill for at least one full working day. Agency workers may also be entitled. Section 151 of the 1992 Act makes the employer liable to pay SSP for a day of incapacity for work when the conditions in sections 153 and 154 are met. Whether someone counts as an employee is a separate question, explained in the guide to employee, worker or self-employed status.
GOV.UK also lists two situations in which SSP is not payable: where the maximum of 28 weeks has already been paid, and where the person is getting Statutory Maternity Pay.
What SSP pays and for how long
GOV.UK gives the rate as £123.25 a week, or 80% of normal weekly earnings if that is lower, for up to 28 weeks. These are the figures on the GOV.UK guide in September 2026; the rate is reviewed periodically, so the current page should be checked. The employer uses average weekly earnings over an 8-week period to work out the amount, and a person who started recently and has not yet received 8 weeks of pay can still qualify.
SSP is paid for all the full days off sick that the person would normally have worked. It is paid in the same way as normal wages, such as weekly or monthly, and tax and National Insurance are deducted. Under section 155 the entitlement limit is 28 times the weekly rate, and section 155(1) was omitted with effect from 6 April 2026 by the Employment Rights Act 2025, according to the legislation.gov.uk record. The GOV.UK eligibility page now lists no waiting period beyond being ill for at least one full working day.
Telling the employer and giving proof
GOV.UK says the employee must usually tell the employer about being unable to work before the deadline the employer sets, or within 7 days if none is set, and that some SSP can be lost if the employer is not told in time. A fit note is needed if the absence lasts more than 7 days in a row, counting non-working days. GOV.UK lists a GP or hospital doctor, registered nurse, occupational therapist, pharmacist and physiotherapist as professionals who can issue one. If the employer agrees, other appropriate evidence can be used instead, such as an Allied Health Professional Health and Work Report or a return-to-work plan.
Linked periods of sickness
Separate spells of illness can join together. Section 152(3) treats two periods of incapacity separated by not more than 8 weeks as a single period, and GOV.UK describes the same test: periods that last more than one full working day and are 8 weeks or less apart are linked. GOV.UK adds that a continuous series of linked periods lasting more than 3 years ends eligibility for SSP.
A contract or agreement cannot cut SSP below the statutory amount
Section 151(2) provides that any agreement is void to the extent that it purports to exclude, limit or otherwise modify the SSP provisions, or to make an employee contribute towards the employer’s costs of SSP. GOV.UK says the same in plain terms: a person cannot get less than the statutory amount, and more can be paid under a company scheme, which is why the employment contract should be checked. A worker who thinks the amount is wrong is told to talk to the employer and, if still unhappy, to contact the HMRC enquiry line.
When SSP ends or is not payable
GOV.UK says a person who does not qualify, or whose SSP ends, may be able to apply for Universal Credit or Employment and Support Allowance, and Form SSP1 can support the application. If SSP ends unexpectedly while the person is still sick, the employer must send Form SSP1 within 7 days of it ending. If SSP is expected to end before the sickness does, the form is due on or before the beginning of the 23rd week. Where the person does not qualify at all, the employer must send Form SSP1 within 7 days of the first day off sick.
A dispute over sickness absence can be raised under the process described in the guide to grievance procedures at work.
FAQs
Do I need a fit note for a two-day absence?
GOV.UK says a fit note is needed if the absence is more than 7 days in a row, including non-working days.
Can two short illnesses count as one for the 28-week limit?
Yes. Under section 152(3) and the GOV.UK guidance, illness periods no more than 8 weeks apart are linked and count as one continuous series.
Can my employer pay less than SSP because my contract says so?
No. Section 151(2) makes an agreement void to the extent that it excludes, limits or modifies the SSP provisions.
The bottom line
In Great Britain, Statutory Sick Pay is a minimum entitlement for employees who are ill for at least one full working day, paid by the employer for up to 28 weeks at the lower of the weekly rate and 80% of average weekly earnings. Illness spells 8 weeks or less apart are linked, a fit note is needed after 7 days, and no agreement can cut the statutory amount. This is general information, not legal advice.
Sources
- GOV.UK, “Statutory Sick Pay (SSP): Eligibility”
- GOV.UK, “Statutory Sick Pay (SSP): What you’ll get”
- legislation.gov.uk, “Social Security Contributions and Benefits Act 1992, section 151: Employer’s liability”
- legislation.gov.uk, “Social Security Contributions and Benefits Act 1992, section 152: Period of incapacity for work”
- legislation.gov.uk, “Social Security Contributions and Benefits Act 1992, section 155: Limitations on entitlement”