SSP is payable from day 1 of absence

From 6 April 2026, Statutory Sick Pay (SSP) is payable from the first day of sickness absence. The previous three unpaid “waiting days” have been removed.

This change has been made under amendments to the Social Security Contributions and Benefits Act 1992. In addition, the Lower Earnings Limit has been abolished, meaning more employees now qualify for SSP.

For employers, this means there is now a cost from day one of absence. What has not changed is your right to manage attendance.

Employees must still comply with your absence reporting procedure. You can require them to notify you properly, self-certify for the first seven days, and provide a fit note from day eight. You can also carry out return-to-work meetings and trigger absence management processes where patterns emerge. However, SSP is a statutory entitlement. It cannot be withheld as a disciplinary tool.

If an employee fails to follow procedure without good reason, you may have grounds to delay or refuse SSP. But this must be reasonable and considered case-by-case. It cannot be imposed automatically. Where medical evidence is provided, entitlement will normally apply.

Employers should also take care not to conflate absence and misconduct. If someone is genuinely absent without contact, that may be a conduct matter. If they are medically unfit for work, SSP is payable.

Any refusal to pay SSP without proper basis may expose the business to unlawful deduction of wages claims and, in some cases, risk under the Equality Act 2010 where a health condition amounts to a disability.

The practical message for employers is simple, you cannot opt out of day one SSP, but you can manage absence properly and consistently. Clear procedures and confident line management will protect the business far more effectively than attempting to withhold pay unlawfully.

Contact us at enquiries@121hrsolutions.co.uk and we can discuss and further queries you may have on this subject.

SSP is payable from day 1 of absence

121 HR Solutions Ltd