Statutory Sick Pay

Introduction to Statutory Sick Pay UK

Employment Right for Sick Employees

The Employment Law allows a sick employee to take time off from work and requires the employer to pay a minimum of £92.05 per week for 28 weeks to eligible employees.

What is Statutory Sick Pay

What happens if you work but become ill? How will your household manage without a regular income? The answer is that in some circumstances, you may be able to claim Statutory Sick Pay (SSP).

The statutory amount you will receive from your employer is £92.05 per week. It is unlawful for your employer to pay you less than this amount. In cases where employees pay into sick pay schemes, the amount may be more.

To qualify for SSP, you must have been absent from work due to sickness for 4 consecutive days or more. You can claim SSP for a maximum of 28 weeks. The payment you receive will be tax and national insurance deductible.

Statutory Sick Pay


Under Employment Law, To be eligible for Statutory Sick Pay UK (SSP), you must have ‘employee’ status and must have carried out work for your employer.

As an employee, you must earn at least £116 per week on average.

Agency workers are also eligible for SSP.

If you are claiming Statutory Maternity Pay, you will not qualify for SSP.

Some periods of absence caused by sickness will be ‘linked’. They will be linked if each period of absence lasts at least four days and these periods are 8 weeks or less apart.

If you are not able to work due to sickness for more than 7 days, your employer can ask you to obtain a doctor’s fit/sick note.

What to do if you are not eligible

For individuals who have surpassed the 28-week claim limit, or employees that are not eligible to claim SSP, an alternative may be to make a claim for Employment and Support Allowance (ESA), although this may now have changed to Universal Credit in your region.

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While every effort has been made to ensure the accuracy of the information provided in this article, it does not constitute legal advice and cannot be relied upon as such. Each legal case and issue may have unique facts and circumstances, as a result legallex does not accept any responsibility for liabilities arising as a result of reliance upon the information provided. For further help and guidance, you can always rely on and seek advice from our experienced lawyers.

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