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As of April 2026, all employees are entitled to Statutory Sick Pay (SSP), regardless of their earnings or working schedules.
The landmark changes form part of a wider Government push to make workforces healthier and more productive, bringing an extra 1.3 million people into scope.
It is therefore important for employers to review their absence policies, ensuring they reflect the changes to regulation.
What are the changes to SSP?
The first day of sickness entitles any employee to SSP, removing the previous three days wait.
While the maximum claim period remains 28 weeks, the weekly rate has increased to the lower of £123.25 or 80 per cent of average earnings.
These reforms aim to benefit part-time, seasonal and zero hours workers who previously might have felt the need to work when ill.
Employers need to be aware of the impact of these changes, ensuring they pay from day one and don’t limit SSP to higher earners.
Why should you review absence policies?
Where some employers used to rely on the three-day SSP waiting period to deter short term absences, legal reforms mean absence policies need to be updated.
Contracts and employee handbooks might still quote waiting days or earning thresholds as necessary to receive SSP.
This might mean employees are choosing between forgoing a day’s pay or going into work sick, without realising they are entitled to SSP.
If your business has an outdated approach to SSP, leading to some employees being underpaid, you could be exposed to scrutiny.
The Fair Work Agency, launched a day after changes to SSP, can conduct unannounced investigations into payroll to identify non-compliance.
Findings of underpayment can lead to penalties of up to 200 per cent of the value underpaid, capped at £20,000 per worker.
Investigations aren’t always initiated from an employee complaint, as cases can be opened proactively.
Non-compliance might also open the door to separate Employment Tribunal cases, with the potential for more compensation claims to follow.
Reviewing your absence policies to ensure employees are paid fairly for absences can prevent employees working when unwell and avoid costly compensation claims.
Speak to a solicitor
Our solicitors can audit your absence policies, contracts of employment and employee handbooks to ensure they are up to date with the changes to SSP.
Where any of the old SSP wording still exists, we can redraft these policies to bring them in line with current regulation.
Book a review of your absence policies with one of our legal specialists.
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