Statutory sick pay (SSP) changed on 6 April 2026. It is now paid from the first day of sickness, and there is no longer a minimum earnings threshold. For care homes, home care providers, restaurants, hotels and the agency workers who keep them staffed, this is the first autumn and winter under the new rules.
That matters because winter is when short absences peak. Coughs, colds, flu and stomach bugs hit hardest in shift-based, people-facing jobs. This guide explains how statutory sick pay works in 2026, how much it is, who qualifies, and what employers and workers in care and hospitality should do now.
This article is general information, not legal or payroll advice. Check GOV.UK or ACAS guidance, or take professional advice, for your situation.
What changed with statutory sick pay in April 2026?
The Employment Rights Act 2025 made two big changes to SSP in Great Britain. Both came into force on 6 April 2026 under the Employment Rights Act 2025 (Commencement No. 3 and Transitional Provisions) Regulations 2026.
- No more waiting days. SSP used to start on the fourth qualifying day of sickness. The three unpaid “waiting days” have gone. SSP is now payable from the first day of sickness absence.
- No lower earnings limit. Before April 2026, employees had to earn at least £125 a week (the 2025/26 lower earnings limit) to qualify. That threshold has been removed, so lower-paid and part-time staff are now covered.
To keep costs in check, a new earnings-linked rate applies. SSP is the lower of the flat weekly rate or 80% of the employee’s average weekly earnings.
The government estimated that up to 1.3 million low-paid employees would become eligible. It put the extra cost to employers at around £450 million a year, or about £15 more per employee.
Before and after at a glance
| Before 6 April 2026 | From 6 April 2026 | |
|---|---|---|
| When SSP starts | 4th qualifying day | 1st day of sickness |
| Earnings threshold | Had to earn at least £125 a week | None |
| Weekly amount | Flat rate | Lower of £123.25 or 80% of average weekly earnings |
| Maximum duration | 28 weeks | 28 weeks |
How much is statutory sick pay in 2026?
For the 2026/27 tax year, statutory sick pay is £123.25 a week, or 80% of average weekly earnings if that is lower. It is paid for up to 28 weeks.
Average weekly earnings are normally worked out over the 8 weeks before the absence. Someone who started recently and has not yet had 8 weeks’ pay still qualifies; their employer works out the amount from what they have been paid.
SSP is paid only for qualifying days: the days the person would normally be required to work. To get a daily amount, divide the weekly SSP figure by the number of qualifying days in that week.
Worked examples
These simplified examples assume steady earnings over the previous 8 weeks.
| Worker | Average weekly earnings | 80% of earnings | Weekly SSP |
|---|---|---|---|
| Part-time kitchen porter | £100 | £80.00 | £80.00 (80% is lower) |
| Part-time support worker | £140 | £112.00 | £112.00 (80% is lower) |
| Full-time healthcare assistant | £450 | £360.00 | £123.25 (flat rate is lower) |
The 80% rule mostly affects people earning less than about £154 a week. Above that, 80% of earnings is more than the flat rate, so the £123.25 cap applies.
Employers can pay more through a company (occupational) sick pay scheme. They cannot pay less than SSP. Tax and National Insurance are deducted from SSP in the usual way.
Who qualifies for statutory sick pay?
To get SSP, a person must:
- be classed as an employee for SSP purposes (paid through PAYE)
- have done some work for the employer
- be sick for at least one full working day
- tell their employer they are sick, within the employer’s deadline or within 7 days if none is set
Some people are excluded. Examples include anyone who has already had the maximum 28 weeks, someone receiving Statutory Maternity Pay, and people who were in custody or on strike on the first day of sickness. GOV.UK lists the full set of exceptions.
Do agency workers get statutory sick pay?
Yes. ACAS confirms that agency workers paid through PAYE can get SSP. Since April 2026 that is from day one of sickness, with no earnings threshold.
In practice, SSP is usually paid by whoever employs the worker for PAYE purposes. For most agency workers that is the agency (or the umbrella company running their payroll), not the care home or restaurant where they are placed. Check your agreement if you are unsure.
There is one grey area. Legal commentary points out that workers on assignment-to-assignment arrangements may have no contract between assignments, so there may be no SSP for those gaps. If an assignment has been agreed and booked but not started, entitlement is less clear-cut. Take advice on specific cases.
Do zero-hours and part-time workers get sick pay?
Often, yes. Removing the lower earnings limit means low hours no longer rule someone out. A zero-hours or casual worker who is an employee for SSP purposes and is off sick from shifts they were due to work can qualify.
Where there is no regular work pattern, ACAS advises employers to agree with the worker which days count as qualifying days. Rotas published in advance make this much easier to evidence.
What if I have more than one job?
You may get SSP from each employer. This is common in care and hospitality, where people combine a care contract with agency shifts or bar work.
Why this matters for care and hospitality this winter
Short-term sickness is the biggest driver of absence. The ONS reported a UK sickness absence rate of 2.0% in 2025, about 148.8 million working days lost, or 4.4 days per worker. Minor illnesses such as coughs, colds and flu were the most common reason, at 30.4% of absences.
Two findings matter most for these sectors:
- Part-time workers had a higher absence rate (2.8%) than full-time workers (1.9%). Care and hospitality rely heavily on part-time staff, many of whom are newly eligible for SSP.
- Short absences are now paid from day one. Under the old rules, a two-day bug cost the worker their wages and the employer nothing in SSP. Now the first day is paid.
The government’s aim is to reduce “presenteeism”: people coming to work ill because they cannot afford not to. In a care home or a kitchen, that is a real infection-control and food-safety risk. Paying from day one should help staff with a sickness bug stay at home, which protects residents, patients, customers and colleagues.
For managers, the trade-off is cost and cover. You may see more single-day absences reported formally, and every one now has a payroll cost. Planning cover before the winter peak is the most practical response.
Employer checklist: getting statutory sick pay right in 2026
ACAS recommends auditing records, updating payroll, reviewing policies, training managers and communicating with staff. For care and hospitality employers, that translates into:
- Check payroll settings. Confirm your software pays SSP from day one, applies the 80% calculation and no longer uses the £125 threshold.
- Identify newly eligible staff. List part-time, bank, casual and zero-hours employees who earn under about £154 a week.
- Update your absence policy. Remove references to waiting days and the lower earnings limit. Set a clear reporting deadline and a named contact.
- Define qualifying days. For staff without fixed patterns, agree in writing which days count, ideally linked to published rotas.
- Record absence from day one. Log the date reported, the reason given, the days missed and any evidence received.
- Know the fit note rule. Staff can self-certify for the first 7 calendar days. After that, you can ask for a fit note, and you can ask sooner if your policy says so. Be reasonable if a fit note is delayed.
- Track linked periods. Two spells of sickness, each at least one full working day and 8 weeks or less apart, count as one linked period for the 28-week limit.
- Send form SSP1 on time. Use it when an employee does not qualify (within 7 days of their first day off) or when SSP is ending.
- Remember holiday. Statutory annual leave keeps building up during sick leave.
- Brief your managers. Make sure shift leaders know how sickness should be reported and recorded.
- Plan winter cover. Agree a process for booking temporary staff quickly when absences cluster.
SSP enforcement is moving to the new Fair Work Agency, so mistakes are more likely to be picked up. Getting the basics right now is far cheaper than fixing underpayments later.
What workers need to know
If you work in care or hospitality, whether directly employed or through an agency, here is what to do if you are ill:
- Tell your employer or agency as soon as you can, using the method in your policy. If no deadline is set, it must be within 7 days.
- Check which days you were due to work. SSP is paid for those qualifying days only.
- Self-certify for short absences. For 7 days or less you can usually complete a self-certification form.
- Get a fit note if you are off longer than 7 days, or earlier if your employer asks. GPs, nurses, pharmacists and some other healthcare professionals can issue them.
- Check your payslip. SSP is paid like normal wages, weekly or monthly, with tax and National Insurance deducted.
- Raise problems early. If your SSP looks wrong, speak to your employer or agency first. If it is not resolved, contact the HMRC enquiry line or get advice from ACAS.
In care and food roles, also follow your employer’s infection-control rules. For example, food handlers often need to stay away for a period after vomiting or diarrhoea stops. Ask your manager what your workplace requires.
Frequently asked questions
Is statutory sick pay paid from day one in 2026?
Yes. Since 6 April 2026, SSP has been payable from the first day of sickness absence. The three waiting days have been removed.
How much is statutory sick pay per week?
£123.25 a week in 2026/27, or 80% of your average weekly earnings if that is lower. It lasts for up to 28 weeks.
Is there still a minimum earnings level for SSP?
No. The lower earnings limit was removed on 6 April 2026. Low earners now qualify, but they receive 80% of their average weekly earnings if that is less than £123.25.
Do agency workers get sick pay?
Agency workers paid through PAYE can get SSP, usually from the agency or umbrella company that pays them. There may be no entitlement in gaps between assignments where no contract exists.
When do I need a fit note?
If you are off sick for more than 7 calendar days, or earlier if your employer requires one.
Can my employer pay me more than SSP?
Yes. Many employers offer company sick pay. They cannot pay less than SSP if you qualify.
Does holiday build up while I am off sick?
Yes. Statutory annual leave continues to accrue during sick leave.
How AESN can help
AESN is a UK recruitment agency supplying temporary and permanent staff across healthcare, care, hospitality and general roles. When winter sickness leaves gaps in your rota, we can help you find vetted healthcare assistants, support workers, chefs, kitchen staff and front-of-house teams. For temporary placements, we handle payment for the staff we supply.
Looking for work this winter? Browse current vacancies, including healthcare support worker roles, and register with us through the Candidate Hub.
Need reliable cover before the winter peak? Contact AESN today to talk to our team.
