LRD guides and handbook September 2025

Law at Work 2025

Chapter 5

Sick pay and sickness absence

[page 91]

Employees who are unable to work because they are sick or injured are not entitled to their normal pay. If they meet the eligibility criteria, they are entitled to receive Statutory Sick Pay (SSP), and many employers offer contractual sick pay that is far more generous than SSP. 


Changes to SSP due to be made by the Employment Rights Bill, as outlined below, will not come into force until April 2026. 


An employee who has frequent sickness absences or a long-term sickness absence may be subject to a sickness absence procedure that could lead to a reduced role or even to dismissal. 


Employers must provide all workers with details of all terms relating to sickness or injury, including sick pay, in their written statement of employment particulars (see page 43). These can be included in the employment contract or given in a separate document, but they must be provided on or before the start of the employment.


Agency workers must also be given a Key Information Document on or before the start of their engagement containing key terms including sickness absence rules and sick pay (see page 22).