Sophia HamiltonWith UK flu cases trending upward again as Britain heads into the autumn-winter period, millions of workers are facing the same recurring dilemma: push through and attend work at the risk of spreading illness, or call in sick and take the financial hit? For much of the last decade, that financial hit was significant — especially for those on low incomes or flexible contracts. As of 6 April 2026, however, the legal position changed substantially. Statutory Sick Pay (SSP) rules were overhauled under the Employment Rights Act 2025, and many workers — and employers — have not yet caught up with what that means in practice.
The Question Everyone Is Asking: Can I Actually Get Sick Pay If I'm Off With Flu?
Until spring 2026, the honest answer for millions of workers was: not immediately, and possibly not at all.
Under the pre-April 2026 framework, Statutory Sick Pay did not begin until the fourth qualifying day of sickness — meaning three unpaid "waiting days" before any statutory payment arrived. For a worker earning the National Living Wage of £12.21 per hour on a standard 8-hour shift, three missed days represented around £293 in lost earnings before SSP even kicked in. In a cost-of-living climate where savings buffers are thin, many chose to attend work while ill rather than absorb that gap.
The second problem was eligibility. Workers whose average weekly earnings fell below the Lower Earnings Limit — set at £123 per week in 2025-26 — qualified for nothing, regardless of how long they were sick. Part-time workers, zero-hours contract staff, and casual workers disproportionately fell into this excluded group, with no legal safety net whatsoever when influenza kept them home.
The Employment Rights Act 2025, which came into full effect on 6 April 2026, dismantled both barriers simultaneously.
What Changed on 6 April 2026: Three Rules That Rewrote the Sick Pay Landscape
The spring 2026 reforms introduced three interconnected changes with immediate practical effect.
Day-one entitlement. SSP is now payable from the first full day of sickness absence. There are no more waiting days. A worker who calls in sick on a Monday morning qualifies for SSP from that Monday — not Thursday. For a typical flu absence lasting five to seven days, this change alone means the difference between receiving statutory protection for most of the illness versus only its final days.
Removal of the Lower Earnings Limit. The earnings threshold has been abolished entirely. All otherwise eligible employees — regardless of whether they earn £40 or £400 a week — are entitled to SSP from the first day they are too ill to work. This is a significant expansion of protection for the UK's most economically precarious workers, including those on zero-hours arrangements.
An increased rate, with a proportionality floor. From 6 April 2026, the SSP rate rose from £118.75 to £123.25 per week. However, SSP is payable at the lower of £123.25 per week or 80% of the employee's average weekly earnings. Workers whose normal weekly pay falls below £154.06 — meaning 80% of their earnings is less than £123.25 — will receive 80% of their usual weekly pay, not the flat rate.
These changes are confirmed in the official GOV.UK Statutory Sick Pay guidance, which also sets out employer obligations, the SSP1 form process, and how to calculate average weekly earnings for part-time and irregular-hours workers. Employers pay SSP directly through payroll and cannot recover it from HMRC — meaning every qualifying absence now has a real financial cost that must be budgeted for.
Two Outcomes for the Same Flu Absence: A Concrete Scenario
Consider Emma, a 29-year-old zero-hours retail assistant in Birmingham who works three days per week. Her average weekly earnings total approximately £95 — well below the old Lower Earnings Limit. She tests positive for influenza on Monday 13 October 2026 and is absent from work all week: five calendar days, three working days.
Before 6 April 2026 (old rules):
- Weekly earnings of £95 fall below the £123 LEL → zero SSP entitlement
- Three waiting days would apply regardless
- Total sick-week statutory income: £0
- Emma faces a stark choice: return to work while infectious or absorb the full financial loss
From 6 April 2026 (new rules):
- LEL removed → Emma now qualifies for SSP
- 80% of £95 = £76 per week (lower than the £123.25 flat rate, so this is the applicable figure)
- SSP calculated from the first day — no waiting period
- Three working days absent: 3 × (£76 ÷ 5) = 3 × £15.20 = £45.60 in statutory sick pay
The difference: £0 versus £45.60 for the same five-day flu absence. The absolute amount is modest — SSP was never designed to be a full wage replacement — but the structural shift matters enormously. The LEL threshold alone was determining whether workers had any protection at all, and it most severely affected the lowest-paid. Scaled across the thousands of zero-hours and part-time workers likely to take flu-related absences this winter, the aggregate effect on household finances and on public health behaviour — specifically, the decision to stay home rather than infect colleagues — is significant.
The more legally contested situations arise when employers resist the new rules: by treating workers as self-employed contractors to avoid SSP obligations, by continuing to apply old waiting-day calculations, or by paying at the pre-April rate of £118.75. All three constitute non-compliance with current law — and that is precisely where specialist employment advice becomes worthwhile.
What Employers Are Now Required to Do Differently
The April 2026 reforms did not only create new entitlements for workers. They created new legal obligations for every employer in the UK, including small businesses and sole traders with even a single member of staff.
Payroll system updates. Any payroll software or manual process still applying a three-day waiting period or using the old £118.75 rate is in breach of the new law. The correct rate from 6 April 2026 is £123.25 per week — or 80% of weekly earnings for lower earners — payable from the first qualifying day.
Revised absence and HR policies. Internal documents referencing waiting days or minimum earnings thresholds are now out of date and potentially misleading to staff. Employees who read them may incorrectly believe they do not qualify for SSP, creating a liability exposure for the employer if a dispute later arises.
Expanded eligibility checks. Casual, agency, and zero-hours workers who were previously excluded from SSP must now be assessed for entitlement whenever they are absent through illness. HR teams need clear guidance on how to handle irregular earnings calculations under the proportionality rule — particularly for workers whose pay fluctuates week to week.
SSP1 form compliance. When an employer disputes an employee's SSP entitlement, they must issue an SSP1 form explaining the basis for refusal. Failing to issue one — or issuing one incorrectly — can expose the employer to a formal HMRC challenge and a tribunal claim.
No punitive action for protected absences. A worker absent due to flu who qualifies for SSP has legal protection against dismissal or disciplinary action arising from that absence. Taking adverse action against an employee for a legitimate, SSP-covered sick period creates unfair dismissal risk — regardless of how short their tenure.
The employment law advisory firm Diacron Group noted in March 2026 that the Employment Rights Act 2025 "requires updates to policies, procedures and payroll systems" — and that many SMEs were still in the process of making those updates when the April rules came into force. Six months on, that compliance window has closed.
When to Consult an Employment Law Specialist
Most flu-related absences pass without legal complication. An employee calls in sick, recovers, returns to work, and receives SSP through payroll without incident. But when complications do arise — and with the 2026 rule changes still unfamiliar to many businesses — the cost of not getting advice early can quickly outpace the cost of a single consultation.
Workers should consider consulting an employment solicitor if:
- Their employer is still deducting waiting days after April 2026
- They are on a zero-hours contract and have been told they do not qualify for SSP
- SSP payments appear lower than the statutory minimum — either below £123.25/week or below 80% of usual weekly earnings
- They face disciplinary action connected to a flu-related absence
- Their contract describes them as self-employed, yet they work regular set hours and report to a manager — a potential misclassification issue with direct SSP implications
Employers should seek HR or legal advice if:
- Their absence policies have not been reviewed since April 2026
- They are uncertain about SSP eligibility for different categories of flexible worker
- An employee has raised a formal SSP dispute or threatened a tribunal claim
- They are not confident their payroll software has been updated to the April 2026 rate
For broader context on flu season preparedness this year, the NHS Flu Jab 2026 eligibility guide outlines which groups can access vaccination through the NHS — a relevant consideration for employers managing staff in at-risk categories who may face longer or repeated absences.
An initial employment law consultation on SSP eligibility and compliance typically costs between £75 and £150 and takes under an hour. For an employer exposed to a tribunal claim that could run into thousands of pounds in compensation and legal fees, or for a worker owed weeks of backdated SSP payments, that investment returns itself many times over. Expert Zoom connects UK workers and businesses with qualified employment law specialists who can advise on contract type, industry-specific rules, and the particular facts of any SSP dispute.
Disclaimer: This article provides general information about UK Statutory Sick Pay and employment law as of October 2026. It does not constitute legal advice. The rules described apply to employees in England, Scotland, and Wales; Northern Ireland has separate legislation. Consult a qualified employment solicitor for guidance specific to your circumstances.
