Statutory Sick Pay (SSP) is the amount payable by employers when an employee is absent from work due to sickness. It is currently set at a flat rate of £118.75 (from 6th April 2025). There are certain eligibility requirements, including the fact that SSP is not currently payable during the first three days of absence, known as ‘waiting days’ and that those earning below the Lower Earnings Limit (LEL) – £125 per week – were not eligible.

The Employment Rights Bill proposes to make changes to SSP rules. In particular:

  • The concept of ‘waiting days’ will disappear. Eligible employees will receive SSP from their first day of absence.
  • Those earning below the LEL will now be eligible to receive SSP.

Acknowledging that the rate of SSP would need to be adjusted for those earning less than the LEL, the Government launched a consultation at the back end of last year focused on establishing what percentage of earnings should be used to calculate SSP for these workers. In its response, the Government has concluded that the appropriate percentage rate for SSP is 80% of the SSP flat rate, where 80% of an employee’s normal weekly earnings is less than the flat rate. To give a real-world example, if an employee earns £100 per week, then they earn below the LEL (and below the current weekly flat rate for SSP). Under the new rules they would be entitled to receive 80% of £100 (or £80) per week as an SSP payment. 

Related News & Insights

3 minute read
Thinking of selling? Why early preparation makes all the difference - Wollens Solicitors Devon

Thinking of selling? Why early preparation makes all the difference

Read Article
3 minute read
Half of Wills in the UK are out of date - Wollens Solicitors Devon

Half of Wills in the UK are out of date

Read Article
2 minute read
Fixed-Fee Conveyancing Service for First-Time Buyers - Wollens Solicitors Devon

Fixed-Fee Conveyancing Service for First-Time Buyers

Read Article
11 minute read
FIFA for sale? - Wollens Solicitors Devon

FIFA for sale?

Read Article
7 minute read
Disputes between partners where one party exceeds their authority - Wollens Solicitors Devon

Disputes between partners where one party exceeds their authority

Read Article
5 minute read
Spousal Spying - Wollens Solicitors Devon

Spousal Spying

Read Article
2 minute read
North Devon District Hospital - Birth Service Suspension - Wollens Solicitors Devon

North Devon District Hospital – Birth Service Suspension

Read Article
5 minute read
When family is not the right choice for a Property and Finance Lasting Power of Attorney - Wollens Solicitors Devon

When family is not the right choice for a Property and Finance Lasting Power of Attorney

Read Article