Publication date: 02.09.2025
Legal Marketplace Consultant offers expert employment advice to help workers navigate their employee rights in the UK. A critical aspect of UK labour law is the protection of employee rights during sick leave. This article provides a detailed overview of how employee rights are ensured during illness, what payments are available, the role of employer obligations, how your legal work status affects these rights, and how Legal Marketplace Consultant can provide a clear action plan to safeguard your interests.
What is Sick Leave in the UK?
Sick leave in the UK refers to the period when an employee is unable to work due to illness or injury. UK labour law regulates employee rights in such situations, including access to payments like Statutory Sick Pay (SSP). Your legal work status, employment contract, working hours, and contributions to National Insurance through the PAYE system determine your eligibility for these rights. For instance, employees with an employment contract are entitled to SSP, while those in self-employment may only access limited state benefits.
Legal Marketplace Consultant specializes in employment advice to review your employment contract and ensure your employee rights are protected. We can also assist in understanding the terms of your job offer if you’re unsure about your entitlements.
Who is Eligible for Sick Leave?
Eligibility for sick leave in the UK depends on your legal work status. The main categories of workers include:
- Individuals working under an employment contract (employees), whether full-time or part-time.
- Workers in self-employment, who have limited rights and typically cannot claim SSP.
- Employees on a probation period or those working under temporary contracts.
To qualify for Statutory Sick Pay, you must meet the following conditions:
- Work under an employment contract with an employer using the PAYE system.
- Earn an average weekly wage of at least £123, meeting the threshold for National Insurance contributions.
- Notify your employer of your illness within 7 days, or as specified in your employment contract.
Legal Marketplace Consultant can help verify your legal work status, assess your compliance with National Insurance requirements, and ensure your employer adheres to their employer obligations.
How to Claim Statutory Sick Pay?
Statutory Sick Pay (SSP) is a mandatory payment provided under employer obligations for employees who are ill for four or more consecutive days. To claim SSP, follow these steps:
- Notify your employer of your illness within 7 days, or sooner if required by your employment contract.
- Provide a medical certificate (fit note) from a doctor if the illness lasts more than 7 days.
- Ensure your earnings meet the minimum threshold for National Insurance (£123 per week).
- Comply with the procedures outlined in your employment contract for reporting illness.
In 2025, the standard SSP rate is £109.40 per week, payable for up to 28 weeks. Some employers offer additional payments (occupational sick pay) as part of the employment contract or job offer. If your employer fails to meet their employer obligations, such as refusing to pay SSP, Legal Marketplace Consultant provides expert employment advice to protect your employee rights.
What Payments Are Available During Illness?
Employees in the UK can access various payments depending on their legal work status and employment conditions:
- Statutory Sick Pay: A standard payment of £109.40 per week for those working under PAYE and contributing to National Insurance.
- Additional payments outlined in an employment contract, which may be included in your job offer and exceed standard SSP requirements.
- Social benefits, such as Universal Credit or Employment and Support Allowance (ESA), available to those ineligible for SSP, such as workers in self-employment.
Workers in self-employment can apply for state support like New Style Employment and Support Allowance. Legal Marketplace Consultant will assist in exploring all available options, preparing necessary documentation, and ensuring your legal work status is considered when applying.
Can an Employer Dismiss You for Illness?
Dismissal due to illness may be unlawful and breach dismissal rules under UK labour law. Employers cannot terminate an employee solely for taking sick leave, especially if it violates the employment contract. If your illness is related to a disability, employer obligations include making reasonable adjustments, such as modifying working hours or providing additional equipment.
If you believe your dismissal was unfair due to illness, Legal Marketplace Consultant can evaluate your employment contract, check the legality of your employer’s actions, and challenge the decision under dismissal rules. We also offer employment advice to ensure your employee rights are protected.
Sick Leave During a Probation Period
Employees on a probation period are entitled to Statutory Sick Pay if they meet National Insurance requirements. However, some employers may attempt to use illness as a reason to terminate an employment contract, citing terms in your job offer. In such cases, it’s essential to review your employment contract and seek employment advice from Legal Marketplace Consultant to ensure your employee rights are safeguarded.
Impact of Working Hours and Minimum Wage
The number of your working hours directly affects your eligibility for SSP. For example, employees with part-time working hours can still claim SSP if their earnings exceed £123 per week. Additionally, the minimum wage in the UK in 2025 is £11.44 per hour for workers aged 21 and over, which may impact your eligibility for SSP. Legal Marketplace Consultant can help verify whether your earnings meet National Insurance requirements and ensure your employer complies with their employer obligations.
Frequently Asked Questions About Sick Leave
Question
Can employees with part-time working hours receive SSP?
Answer
Yes, if you contribute to National Insurance through PAYE and earn at least £123 per week.
Question
Can frequent sick leaves lead to dismissal?
Answer
Dismissal due to illness may violate dismissal rules. Consultant will assess your case and protect your employee rights.
Question
What if my employer refuses to pay SSP?
Answer
Legal Marketplace Consultant offers employment advice to verify your employer’s actions and secure payments.
Question
Does sick leave affect my probation period?
Answer
Typically not, but it depends on your employment contract. Consultant will review your contract and provide guidance.
Tips for Employees
Check your employment contract: Your employment contract may include additional sick leave benefits or conditions beyond SSP.
Monitor working hours: The number of working hours impacts your eligibility for SSP and National Insurance compliance.
Keep documentation: Retain medical certificates and correspondence with your employer to protect your employee rights.
Seek employment advice: Legal Marketplace Consultant provides expert support on UK labour law issues.
Understanding your employee rights during illness is crucial for protecting your financial well-being and legal work status. Legal Marketplace Consultant offers professional employment advice to navigate UK labour law, secure sick leave payments, and ensure employer obligations are met. Whether you’re working under an employment contract, in self-employment, or on a probation period, we provide a clear action plan to safeguard your employee rights. Contact Consultant today for expert support and confidence in your rights!
