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:
- The three qualifying days are gone. Previously, workers had to be sick for three days before SSP kicked in. Day one through three were unpaid under the statutory scheme. From 6 April 2026, SSP starts from the first day of sickness.
- The lower earnings limit no longer applies. Workers previously needed to earn at least £123 per week to qualify for SSP. That threshold has been removed. All workers who meet the basic employment test now qualify regardless of how much they earn.
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:
- Work irregular hours from week to week
- Are on zero-hours contracts with no guaranteed pay
- Previously earned below the lower earnings limit in lighter weeks
- Were not claiming SSP because they did not know they qualified, or because the waiting days made a one or two day illness not worth reporting
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:
- Be classed as an employee or worker (not self-employed)
- Have been sick for at least four consecutive days including non-working days
- Notify their employer within the required timeframe (usually seven days without a fit note, then a fit note for longer absences)
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
- 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.
- 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.
- 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.
- 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.
- 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.
Track attendance and absences automatically
FlexiWork logs every clock-in and clock-out against the worker. When someone calls in sick, you have a clean record of their recent hours — making SSP calculations straightforward and defensible.
Start free — 30 daysBefore and after — a quick reference
| Rule | Before 6 April 2026 | From 6 April 2026 |
|---|---|---|
| When SSP starts | Day 4 of sickness (3 waiting days unpaid) | Day 1 of sickness |
| Earnings threshold | Must earn at least £123/week to qualify | No earnings threshold |
| Who qualifies | Employees and workers above earnings threshold | All qualifying employees and workers |
| Weekly rate | £116.75/week | £116.75/week (unchanged) |
| Maximum duration | 28 weeks per period of illness | 28 weeks per period of illness (unchanged) |
| Fit note required | After 7 days of self-certification | After 7 days of self-certification (unchanged) |