Claiming Statutory Sick Pay
How to claim Statutory Sick Pay (SSP) from your employer, what you are entitled to, and how to challenge a refusal.
Overview
Statutory Sick Pay (SSP) is a minimum statutory entitlement for eligible employees who are unable to work due to illness or incapacity. It is paid by the employer, not by the government. SSP is payable at £123.25 per week (2026/27 rate) for up to 28 weeks. To qualify, you must be an employee (not a worker or self-employed), have average weekly earnings of at least £123 (the lower earnings limit), and have been ill for at least 4 consecutive days (including non-working days). The first 3 days of illness are 'waiting days' and are not paid (unless the employer's occupational sick pay scheme provides otherwise). Your employer may pay more under a contractual sick pay scheme but cannot pay less than SSP.
Who Can Use This Process
- You are likely eligible to use this guide if your situation involves claiming statutory sick pay.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
Step-by-Step Process
Notify Your Employer
You must notify your employer that you are unable to work due to sickness as soon as reasonably practicable. Many employers have a specific notification procedure — check your contract or staff handbook. Typically, you should telephone (not just text or email) your manager or HR department before your normal start time on the first day of absence. Failure to follow the notification procedure can give the employer grounds to withhold SSP for the days not notified correctly, though this must be proportionate.
- Check your employment contract for any specific notification requirements — some require a phone call to a specific person
- Keep a record of when you notified your employer and who you spoke to
- If you cannot call due to your illness, have someone call on your behalf
- Your employer cannot require you to be assessed by a company doctor before paying SSP, though they can request evidence
Provide a Fit Note for Absences Over 7 Days
For absences of 7 calendar days or less, you can self-certify your illness using your employer's sickness self-certification form (or Form SC2 if they do not have one). For absences lasting more than 7 calendar days, you must obtain a fit note (formerly called a 'sick note') from your GP, hospital doctor, nurse, occupational therapist, pharmacist, or physiotherapist. The fit note may state you are 'not fit for work' or 'may be fit for work' with adjustments.
- NHS GPs may charge for a fit note if requested for non-NHS purposes, but a fit note for SSP purposes is provided free
- A 'may be fit for work' fit note means your employer must consider whether adjustments are possible before refusing your return
- Keep copies of all fit notes provided to your employer
- Your employer can use the fit note to support a referral to occupational health
Check Your SSP Entitlement
SSP is payable from the fourth qualifying day (the 'waiting period' of the first 3 days is unpaid under statute). Qualifying days are days on which you would normally work. SSP is paid at the standard rate (£123.25/week for 2026/27) up to a maximum of 28 weeks. If you have had a previous period of sickness within the last 8 weeks and the two periods are 'linked', the new period of sickness continues from where the previous one left off — meaning waiting days do not apply again.
- If your employer has an occupational sick pay scheme that pays above SSP (e.g., full pay for 3 months), SSP is the minimum — check your contract
- If you are not entitled to SSP (e.g., because your earnings are below the lower earnings limit), your employer must give you form SSP1 explaining why, so you can claim Universal Credit or Employment and Support Allowance instead
- SSP is taxable and subject to National Insurance if you earn above the relevant threshold
- After 28 weeks of SSP, you may be entitled to Employment and Support Allowance (ESA)
Challenge a Refusal to Pay SSP
If your employer refuses to pay SSP, or you believe they are paying less than you are entitled to, you should first write to the employer setting out your entitlement. If they continue to refuse, you can contact HMRC — employers are required to pay SSP and HMRC can investigate and direct payment. Alternatively, you can bring a claim for unlawful deduction from wages in the Employment Tribunal (free to bring and no minimum service period required).
- HMRC's Statutory Payments Disputes team can be contacted on 0300 200 3500
- An employer who refuses SSP without good reason is committing an unlawful deduction from wages
- Claims for unlawful deduction from wages must be brought within 3 months less 1 day of the deduction (subject to ACAS early conciliation)
- If your employer issues form SSP1 wrongly (e.g., incorrectly stating you are not eligible), challenge it with HMRC
Costs
Important Warnings
SSP is not payable if your earnings are below the Lower Earnings Limit (£123/week for 2024/25). Request form SSP1 from your employer to claim benefits instead.
Long-term sickness absence does not automatically protect you from dismissal — an employer may fairly dismiss for incapacity following a proper process. Seek advice if you receive any disciplinary or capability correspondence.
After 28 weeks of SSP, entitlement ends and you should claim New Style Employment and Support Allowance (ESA) or Universal Credit.
Useful Links
Frequently asked questions
- How long does the claiming statutory sick pay process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "Notify on or before the first day of absence"; "Fit note required from day 8 of absence"; "SSP payable from day 4 of qualifying sickness"; "Employment Tribunal time limit: 3 months less 1 day from deduction". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: Making an SSP claim to your employer — Free; HMRC dispute investigation — Free; Employment Tribunal claim (unlawful deduction) — Free. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: SSP is not payable if your earnings are below the Lower Earnings Limit (£123/week for 2024/25). Request form SSP1 from your employer to claim benefits instead.; Long-term sickness absence does not automatically protect you from dismissal — an employer may fairly dismiss for incapacity following a proper process. Seek advice if you receive any disciplinary or capability correspondence.; After 28 weeks of SSP, entitlement ends and you should claim New Style Employment and Support Allowance (ESA) or Universal Credit.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: GOV.UK: Statutory Sick Pay; ACAS: Sickness and Absence; GOV.UK: Check If You Can Claim SSP. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.
Part of our Employment Disputes hub
Pre-claim grievance through ACAS Early Conciliation, ET1, and Employment Tribunal hearing under the post-ERA 2025 regime.