Is SSP from day one now?
Not yet — but it's coming. The Employment Rights Bill proposes removing the three waiting days for Statutory Sick Pay, meaning SSP would be payable from the first day of sickness. The change is expected to come into force in 2026.
Full answer
Currently, SSP (Statutory Sick Pay) only kicks in from the fourth day of illness. The first three days are called 'waiting days' — workers get nothing for those days unless you have a company sick pay scheme that covers them.
The Employment Rights Bill 2025 proposes changing this so that SSP starts from day one of sickness. This is a significant change, particularly for workers in sectors like hospitality and retail where short-term absences are common.
- Workers will be entitled to SSP from the first day they're too ill to work
- The current SSP rate is £116.75 per week (2025/26) — this figure increases each April
- You can still operate your own enhanced sick pay scheme on top
- The qualifying rules (26 weeks' continuous employment, minimum weekly earnings) are also under review — the Bill proposes removing the earnings threshold
When does it take effect? The Bill was progressing through Parliament in 2025. Changes are expected to be phased in, likely with day-one SSP arriving in 2026. Keep an eye on the implementation date from HMRC.
- Review your absence management policy — three waiting days won't be a deterrent to short absences once this lands
- Check your payroll software can handle day-one SSP calculations
- Update your employment contracts to reflect the change once the date is confirmed
Alice will notify you in the app as soon as the implementation date is confirmed.
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Related questions
Do I need to give an employment contract from day one?
Yes. Since April 6, 2020, employers must provide a written statement of employment particulars on or before the employee's first day of work. This replaced the old 2-month rule. Failure to do so is automatically an unlawful act.
Can employees claim unfair dismissal from day one now?
Not yet, but the Employment Rights Bill proposes removing the two-year qualifying period for unfair dismissal. A new system with a statutory probationary period (likely 9 months) is planned — but the change hasn't come into force yet.
Is bereavement leave a legal right in the UK?
It depends who died. There is a day-one statutory right to 2 weeks' paid leave when a child under 18 dies, or a baby is stillborn after 24 weeks. For other bereavements, there is no statutory entitlement — but you may have contractual rights.