Welcome to our blog post on statutory sick pay for UK workers. As an employee in the UK, it's important to understand your rights and benefits when it comes to taking time off work due to illness. One such benefit is statutory sick pay (SSP), which is a form of financial support provided by the government to eligible employees who are unable to work due to sickness. In this post, we will demystify SSP and help you understand what it is, who is eligible, and how it works. So, let's dive in and learn more about this important aspect of UK employment rights.

Understanding the Basics of Statutory Sick Pay (SSP)

Statutory Sick Pay (SSP) is a vital aspect of UK employment rights, providing financial assistance for employees who are unable to work due to illness. But what exactly is SSP, and how does it work?
SSP is a payment made by the government to eligible employees, intended to compensate for lost wages when they are too ill to work. It is paid by the employer, who then deducts it from the employee's pay. The current rate for SSP is £96.35 per week, and it can be paid for up to 28 weeks.

To qualify for SSP, you must meet certain requirements. Firstly, you need to be an employee, rather than self-employed or a freelancer. Secondly, you need to earn at least £120 per week. Thirdly, you must have been sick for at least 4 days in a row, including non-working days.

It's important to note that your employer may have their own sick pay scheme, which may be more generous than SSP. If this is the case, they should provide you with the details of their scheme.

Understanding the basics of SSP is crucial for UK workers, as it ensures you know your rights and can access the support you need when you are unwell. In the following sections, we will delve deeper into the eligibility criteria, claiming process, and other important aspects of SSP. So, let's continue exploring this important topic.

How to Qualify for Statutory Sick Pay in the UK

To qualify for Statutory Sick Pay (SSP) in the UK, there are a few requirements that must be met. Firstly, you must be an employee and not self-employed or a freelancer. This means that you need to have a contract of employment and be working for an employer. Secondly, you need to earn at least £120 per week. This includes any regular payments such as wages, salary, and commission. Thirdly, you must have been sick for at least 4 days in a row, including non-working days. This is known as a "qualifying period".

It's important to note that the 4-day qualifying period does not include weekends or bank holidays. It starts on the first day you're off sick, which can be a working day or a non-working day, and continues for 4 consecutive days, including any non-working days.

Once you meet these eligibility criteria, you should inform your employer as soon as possible that you're unable to work due to illness. They may ask for a self-certification form, which you'll need to fill in to confirm the dates you've been off sick.

By understanding the qualifications for SSP, you can ensure that you receive the support you need when you're unable to work due to illness. In the next section, we will guide you through the process of claiming your statutory sick pay.

The Process of Claiming Your Statutory Sick Pay

Now that you understand the basics of Statutory Sick Pay (SSP) and the eligibility criteria, let's delve into the process of claiming your SSP. It's important to follow these steps to ensure you receive the financial support you're entitled to when you're unable to work due to illness.

Firstly, as soon as you become sick and know that you won't be able to work, you need to inform your employer. This is crucial because they need to know why you're absent and for how long. Your employer may ask you to provide a self-certification form, which you'll need to fill in to confirm the dates you've been off sick.

Once your employer is aware of your illness, they should calculate your SSP and include it in your regular wage or salary payment. The current rate for SSP is £96.35 per week, and it can be paid for up to 28 weeks.

It's important to note that SSP is not paid for the first three days of your illness. This is known as the "waiting period." However, if you have been previously receiving SSP within the past 8 weeks and have had a gap of less than 8 weeks in claiming SSP, the waiting period may not apply.

If your sickness lasts longer than the 28-week period, you may be eligible to apply for other benefits such as Employment and Support Allowance (ESA).

Remember to keep track of all relevant documentation and communicate with your employer to ensure a smooth process for claiming your SSP. By following these steps, you can access the financial support you need during your period of illness.

Crucial Points to Note about SSP Eligibility

Understanding the eligibility criteria for Statutory Sick Pay (SSP) is crucial to ensure you receive the financial support you need when you're unable to work due to illness. Here are some crucial points to note about SSP eligibility:

1. Employee Status: To qualify for SSP, you must be an employee and not self-employed or a freelancer. This means you must have a contract of employment and be working for an employer.

2. Earnings Threshold: You need to earn at least £120 per week to be eligible for SSP. This includes regular payments such as wages, salary, and commission.

3. Qualifying Period: You must have been sick for at least 4 days in a row, including non-working days. The qualifying period does not include weekends or bank holidays. It starts on the first day you're off sick and continues for 4 consecutive days, including any non-working days.

4. Self-Certification: You may be required to fill in a self-certification form to confirm the dates you've been off sick. This form helps your employer keep track of your absence and process your SSP claim.

By understanding these crucial points, you can ensure that you meet the eligibility criteria for SSP and receive the necessary financial support during your period of illness. It's important to keep communication open with your employer and provide any required documentation promptly to ensure a smooth process.

What Happens If Your SSP Runs Out?

Once you have received Statutory Sick Pay (SSP) for the maximum 28-week period, what happens next? It's important to understand what options are available to you if your SSP runs out.

If you find yourself in this situation, you may be eligible to apply for other benefits such as Employment and Support Allowance (ESA). ESA is a government benefit designed to provide financial support to individuals who are unable to work due to illness or disability.

To apply for ESA, you will need to undergo a Work Capability Assessment to determine your eligibility. This assessment will evaluate how your illness or disability affects your ability to work and will help determine the level of support you may be entitled to.

It's important to note that the process of applying for ESA can take time, so it's advisable to start the application process before your SSP runs out. This will help ensure a smooth transition from SSP to ESA and minimise any gaps in your financial support.

Additionally, it's worth considering other forms of support that may be available to you during this time. This could include accessing any savings you may have, seeking help from charitable organisations, or speaking to your employer about the possibility of returning to work on reduced hours or with adjusted responsibilities.

Remember, it's essential to explore all available options and seek advice if you are unsure about what to do when your SSP runs out.

Rights and Protections While on SSP

When you are on Statutory Sick Pay (SSP), it's important to know your rights and protections to ensure you are treated fairly and supported during your period of illness. Here are some key rights and protections you should be aware of while on SSP:

1. Protection against unfair treatment: Being on SSP does not give your employer the right to treat you unfairly or dismiss you because of your illness. You are protected from discrimination and unfair treatment under the Equality Act 2010. If you believe you are being treated unfairly, you have the right to raise a grievance and seek redress.

2. Right to return to work: If you have been off work due to illness and are now ready to return, you have the right to be reinstated in your previous position or a suitable alternative role if you are unable to perform your previous duties. Your employer should also make reasonable adjustments to accommodate any ongoing health conditions or disabilities you may have.

3. Sick pay entitlement: While on SSP, you are entitled to receive the full amount of SSP you are eligible for. Your employer should not make any deductions or reduce your pay unfairly. If you believe your employer is not paying you the correct amount of SSP, you can seek advice from a trade union or Citizens Advice.

4. Protection from unfair dismissal: Being on SSP does not make you immune from dismissal. However, you are protected from unfair dismissal if your absence is due to a genuine illness or disability. If you believe you have been unfairly dismissed while on SSP, you can make a claim to an employment tribunal.

Remember, understanding your rights and protections while on SSP is essential to ensure you are treated fairly and supported during your period of illness. If you have any concerns or questions, it's advisable to seek advice from a trade union or legal professional.

Frequently Asked Questions About SSP (Statutory Sick Pay)

We understand that you may have some questions about Statutory Sick Pay (SSP) in the UK. To help clarify any uncertainties, we have compiled a list of frequently asked questions about SSP. 

1. How long can I receive SSP?

SSP can be paid for up to 28 weeks. If your sickness lasts longer than this period, you may be eligible for other benefits such as Employment and Support Allowance (ESA).

2. Can I receive SSP for a recurring illness?

Yes, as long as there is a gap of less than 8 weeks between periods of receiving SSP, you may be eligible for SSP again for the same or a related illness.

3. Can I receive SSP if I am self-employed?

No, SSP is only available to employees. If you are self-employed, you may be eligible for other forms of support, such as the Self-Employment Income Support Scheme (SEISS).

4. Can my employer pay me more than the standard rate of SSP?

Yes, your employer may have their own sick pay scheme, which may be more generous than SSP. They should provide you with the details of their scheme.

5. Can my employer dismiss me while I am on SSP?

Being on SSP does not make you immune from dismissal. However, you are protected from unfair dismissal if your absence is due to a genuine illness or disability. If you believe you have been unfairly dismissed, you can make a claim to an employment tribunal.

We hope these answers have provided you with a better understanding of SSP. If you have any more questions, feel free to reach out to us or consult a legal professional.