Entitlement to sick pay from day one

This depends on whether you are looking at statutory sick pay or any contractual sick pay your employer may offer. The two operate quite differently.

Statutory Sick Pay (SSP):

Under the current rules as of mid-2025, SSP is not payable from day one of sickness absence. There is a waiting period of three "qualifying days" before SSP kicks in. So if you are off sick, you will not receive SSP for the first three days of your illness. SSP is then payable from the fourth qualifying day onwards, provided you meet the eligibility conditions.

The current weekly rate of SSP is set each tax year and is relatively modest. For the 2024/25 tax year it was £116.75 per week, with a small increase expected for 2025/26.

To qualify for SSP you must be an employee, you must be off sick for at least four consecutive days (including non-working days), and you must earn at least the lower earnings limit for National Insurance contributions.

Important note on upcoming changes:

The Employment Rights Bill, which was introduced in 2024 and is progressing through Parliament, proposes to remove the three-day waiting period for SSP and make it payable from day one of sickness. It also proposes to remove the lower earnings limit so that lower-paid workers can access SSP. However, as of mid-2025, these changes have not yet come into force. You should check whether they have been enacted at the time you need to rely on them, because the timing depends on when the relevant provisions are commenced.

Contractual Sick Pay:

Many employers offer a contractual sick pay scheme that is more generous than SSP. Some employers do pay from day one, some impose their own waiting period, and some pay full or partial salary for a set number of weeks or months. The terms will be found in your employment contract, staff handbook, or any written particulars of employment you have been given.

Your employer can never pay you less than SSP if you are eligible for it, but they can and often do pay more through a contractual scheme.

Practical steps:

1. Check your contract of employment and any staff handbook or sickness absence policy your employer operates.
2. If your contract is silent on sick pay, you are entitled to SSP as a minimum provided you meet the qualifying conditions.
3. If your employer refuses to pay SSP when you believe you are entitled to it, you can ask HMRC to make a formal decision on whether SSP is due. This is done by contacting HMRC's Statutory Payment Dispute Team.

So in short, under the current rules you do not get SSP from day one, but you may get contractual sick pay from day one depending on your employer's arrangements.