There is no common law right to receive a wage or salary under a contract during periods of sickness absence. Many contracts of employment offer contractual sick pay at normal rates of pay for an initial period of absence but this is not available to all. For those who are not paid under contractual sick pay provisions, statutory sick pay is the only option, and until now only from day four of the absence.
The Employment Rights Act 2025 (ERA 2025) amends the Social Security Contributions & Benefits Act 1992 to remove the waiting period for statutory sick pay (SSP) making it payable from the first day of sickness absence. Currently there is a three-day waiting period which means that unless contractual sick pay is available no sick pay is paid for the first three days of absence. This will change from 6 April 2026.