SSP from day one: the April 2026 change
6 April 2026 In force
Employment Rights Act 2025 ss.10–13. S.I. 2026/373 (Commencement No. 3). Applies to: Whole UK (Great Britain ss.10–11, Northern Ireland ss.12–13). Checked 25 October 2026.
Statutory Sick Pay no longer has three unpaid waiting days or a lower earnings limit. A single day of sickness is now a period of incapacity for work, and the weekly rate is the lower of £123.25 and 80% of the employee’s average weekly earnings.
Who it affects
Every employer with staff on payroll, including those with one employee. Part-time and low-paid staff who earned under £125 a week now qualify.
What changes
- Waiting days removed: SSP is due from the first qualifying day of sickness.
- Lower earnings limit removed: employees earning under £125 a week are now entitled.
- Rate: £123.25 a week (2026/27) or 80% of average weekly earnings, whichever is lower.
- A period of incapacity for work can now be a single day (it used to need 4 consecutive days), so short absences link more often.
- Linked absences still share one 28-week maximum when they are 8 weeks (56 days) or less apart.
What to do
- Check your payroll software applied the new rules from 6 April 2026 — especially the 80% calculation for staff earning under £154.07 a week.
- Update the sick pay clause in contracts and the sickness absence policy: remove references to waiting days and the earnings threshold.
- Keep a running record of every absence, however short, so you can tell when periods link and how much of the 28 weeks is used.
- For absences that started before 6 April 2026 and carried on past it, apply the transitional rules (waiting days after 6 April are payable; rate protection for £125–£154.05 earners).
Documents to review
- Payroll SSP settings : Waiting days switched off from 6 April 2026; 80% of earnings cap applied below £154.07 a week; Absences of any length recorded so linking works.
- Sickness absence policy : No mention of waiting days or the £125 threshold; How and when to report sickness; When a fit note is needed (more than 7 days in a row).
- Employment contracts / written statements : Sick pay clause reflects day-one SSP; Probation clause: length, review, extension; References to “two years” for dismissal rights; Variation and flexibility clauses (fire and rehire); Confidentiality wording on harassment.
Tick these off and export the dates to your calendar in the business plan tab.
Work out SSP across linked absences
Sources
- S.I. 2026/373 — Employment Rights Act 2025 (Commencement No. 3 and Transitional Provisions) Regulations 2026
- Social Security Contributions and Benefits Act 1992, s.152 (as amended)
- Social Security Contributions and Benefits Act 1992, s.157 (as amended)
- GOV.UK — Statutory Sick Pay: employer guide
- GOV.UK — Sickness absences that start before and end on or after 6 April 2026
A summary for employers, not legal advice. Where a change depends on regulations not yet made, details may differ from this page.
Get reminders before each date
Everything here is free during the beta. Tell us which paid extra would save you the most time and we will email you when it ships — nothing else.