What changed on 6 April 2026

Statutory Sick Pay — SSP — has been reformed as part of the Employment Rights Act 2025. Two things changed simultaneously from 6 April 2026:

Day 1
SSP now starts from first day of sickness
£116.75
Weekly SSP rate in 2026
28 wks
Maximum SSP entitlement per period

Why this matters more for shift businesses

In a salaried office environment, this change is relatively contained — most employees on a full-time contract already have some form of sick pay arrangement. The SSP reform is most significant for businesses with large numbers of hourly-paid, casual, or variable-hours workers.

In hospitality, retail, and events, you are likely to have workers who:

Under the old rules, a zero-hours worker who did three shifts a week and earned £90 most weeks simply did not qualify for SSP. From April 2026, that has changed. The same worker, sick on a Monday, is now potentially entitled from day one.

Check your absence process now. If your current sick day procedure assumes a three-day wait before SSP kicks in — or assumes certain workers do not qualify — it needs updating immediately. Getting this wrong exposes you to underpayment claims.

Who qualifies under the new rules

To qualify for SSP, a worker must:

The earnings threshold requirement has been removed. This means a casual worker who worked two shifts last week earning £60 total can now qualify, provided they meet the other criteria.

What about zero-hours workers?

Zero-hours workers who have an ongoing relationship with a business — rather than being engaged on a genuinely one-off basis — are likely to qualify. The test is whether they are a worker in the legal sense, not whether they have guaranteed hours. Most casual staff in hospitality and retail will pass that test.

What about agency workers?

Agency workers' SSP entitlement sits with the employment agency, not the hirer. If you book through an agency, the agency is the employer for SSP purposes. That said, it is worth confirming this arrangement with your agency in writing — particularly now that enforcement is tightening under the Fair Work Agency.

What to update in your business

  1. Update your absence policy. Remove any reference to waiting days or earnings thresholds. Make clear that SSP starts from day one of sickness for all qualifying workers.
  2. Update your payroll process. If your payroll is calculated manually or your provider has not been notified of the change, SSP may still be calculated on the old basis. Check this now.
  3. Train your managers. The person who takes the sick call on a Monday morning needs to know that the rules have changed. A manager who tells a casual worker "you do not qualify" is exposing the business to a claim.
  4. Review your record-keeping. SSP claims require clear records of sickness dates. If absence records are informal — a note in a group chat, a mention at the end of a shift — that is not going to hold up.
  5. Confirm your agency arrangements in writing. If you use agency workers regularly, get written confirmation from the agency that they are handling SSP for those workers correctly.

One thing that has not changed: Employers cannot reclaim SSP from HMRC except in very limited circumstances (businesses with a PAYE bill under £45,000 per year may qualify for the Statutory Sick Pay Rebate Scheme for small employers). For most businesses, SSP is a cost you carry directly.

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Before and after — a quick reference

RuleBefore 6 April 2026From 6 April 2026
When SSP startsDay 4 of sickness (3 waiting days unpaid)Day 1 of sickness
Earnings thresholdMust earn at least £123/week to qualifyNo earnings threshold
Who qualifiesEmployees and workers above earnings thresholdAll qualifying employees and workers
Weekly rate£116.75/week£116.75/week (unchanged)
Maximum duration28 weeks per period of illness28 weeks per period of illness (unchanged)
Fit note requiredAfter 7 days of self-certificationAfter 7 days of self-certification (unchanged)

Frequently asked questions

When did SSP change to a day-one right? +
Statutory sick pay became a day-one right from 6 April 2026 under the Employment Rights Act 2025. Before this date, workers had to wait three qualifying days before SSP could be claimed, and workers earning below the lower earnings limit did not qualify.
Do zero-hours workers qualify for the new SSP rules? +
Yes. The removal of the lower earnings limit means that workers who previously did not qualify — including many zero-hours and casual workers who work irregular or low hours — now qualify for statutory sick pay from their first day of sickness, provided they meet the other qualifying criteria.
How much is SSP in 2026? +
The standard SSP rate for 2026 is £116.75 per week, paid for up to 28 weeks. Employers pay SSP directly and cannot reclaim it from the government except in limited circumstances.
Do casual and agency workers qualify for SSP? +
Casual workers engaged directly by a business who have an ongoing relationship — even on zero-hours contracts — are likely to qualify for SSP under the new rules. Agency workers' SSP entitlement is typically the responsibility of the employment agency rather than the hirer, but you should confirm this arrangement in writing with your agency.
Can I still have a company sick pay policy that differs from SSP? +
Yes. SSP is the statutory minimum. You can offer more generous sick pay through a company sick pay scheme. What you cannot do is offer less than SSP or apply conditions (like a waiting period) that are less favourable than the statutory entitlement.