§ Guide

Statutory Sick Pay & Holiday Entitlement: does it apply to you?

Statutory Sick Pay (General) Regulations 1982 (as amended) & Working Time Regulations 1998

When this applies

Check your payroll pays at least Statutory Sick Pay (£123.25 a week from day one of illness, no earnings threshold since April 2026) and at least 5.6 weeks' paid holiday a year to every eligible worker, including part-timers and casual staff. Both are common sources of accidental underpayment and tribunal claims.

When it does not apply

These obligations apply once you have employees or workers. If you take anyone on, statutory sick pay and paid holiday entitlement both start from day one.

What is at stake

Underpaying either is an unlawful deduction from wages, which a worker can bring an employment tribunal claim for. From 6 April 2026 the SSP earnings threshold was removed, so paying nothing to a previously low-earning casual worker who is now eligible is a common accidental breach.

What to do

Pay Statutory Sick Pay of up to £123.25 a week (2026/27 rate) for up to 28 weeks to any eligible employee too ill to work, from their first day of sickness, there is no waiting period or minimum earnings threshold since the 6 April 2026 reform. Separately, give every worker, including part-timers and casual staff, at least 5.6 weeks' paid holiday a year (28 days for a standard 5-day week, pro-rated for fewer days), calculated on hours actually worked for irregular schedules.

Reviewed: 2026-09-13  ·  Source: official guidance