Statutory Sick Pay will be changing at the start of the new tax year
From April 2026, Statutory Sick Pay rules will be changing but ministers have assured that even discretionary arrangements should not put disabled workers at a disadvantage. These changes are meant to ensure employees can have financial security when they are unwell and reduce the spread of infections in the workplace.
When questioned about the steps the Department for Work and Pensions is taking to safeguard disabled workers in light of discretionary sick pay arrangements, the department’s Minister of State Dame Diana Johnson emphasised that employers must check their policies “are not discriminatory”.
She also highlighted that any disabled workers also have access to free and confidential advice if they are worried about the sick pay policies at their company through ACAS.
The Labour MP wrote: “Employers have a statutory duty to pay Statutory Sick Pay (SSP) to employees who satisfy the qualifying criteria. They can offer occupational or discretionary sick pay to their employees at a higher rate than the statutory minimum, but may place limits on eligibility or duration.
“Employers are not required to offer occupational sick pay, but must still pay SSP to eligible employees.
“When setting discretionary sick pay policies within their organisation, employers need to ensure that these are not discriminatory, for example against disabled workers and that they comply with employment laws and the Equality Act 2010(opens in a new tab).
“Employees are able to access free, confidential advice if they have concerns about their employer’s company sick pay policy and any aspect of employment law by contacting ACAS.”
This update comes just days ahead of the changes to Statutory Sick Pay (SSP) being implemented at the start of the new tax year on April 6. After this date, SSP will be available to all eligible employees regardless of their earnings from their very first full day of absence due to sickness.
SSP must be paid at 80% of an employee’s average weekly earnings or a weekly flat rate of £123.25, whichever is lower. In light of the changes, employers have been urged to review their sickness absence policies and ensure their payroll provider is prerpared.
Until the changes are implemented, workers have to be ill for more than three days in a row to qualify for SSP. They must also be earning an average of at least £125 per week.
SSP is the legal minimum employers must provide but each will also have individual sickness policies that may have different additional support or requirements. Scope notes: “Some employers may treat sickness differently if it is related to disability, but most do not.
“If your employer does not know that you are disabled, they will treat you as being ‘ill’. This means that their usual sick leave policy will apply to you. Most policies do not allow time off for medical appointments. If your employer does not know that you are disabled, this is not a legal right.”
