UK Employer Rules · 2026
Can my employer refuse to pay me when I am off sick?
Legal basis
Social Security Contributions and Benefits Act 1992 (SSP); Statutory Sick Pay Regulations 1982; Employment Rights Bill 2024 (day-1 SSP from April 2026); Employment Rights Act 1996 — section on legislation.gov.uk">Employment Rights Act 1996 s.13 (unlawful deductions).
When they CAN do it
Your employer CAN refuse sick pay if: (1) you don't qualify for SSP (earning under £125/week, on a non-employment contract); (2) you exceed the 28-week SSP cap; (3) you fail to follow the notification procedure in your contract (usually call in by a certain time); (4) you don't provide a fit note when required (after 7 days' self-certification); (5) your contract's enhanced sick pay scheme has time limits you've exceeded; (6) the absence is genuinely not due to incapacity (e.g., a planned holiday).
When they CANNOT do it
Your employer CANNOT: refuse SSP if all qualifying conditions are met; require a fit note in the first 7 days (self-certification is sufficient); refuse SSP because they 'don't believe' you're ill; refuse contractual sick pay outside the contract terms; treat sick pay as discretionary when the contract says it's contractual; deduct sick pay for absence due to disability without considering reasonable adjustments (Equality Act).
What you should do
1) Confirm your SSP entitlement — earn £125+/week, employed, notify on time, fit note after 7 days. 2) Read your contract for enhanced/company sick pay terms. 3) Submit fit notes promptly. 4) If refused SSP, contact HMRC's Statutory Payment Disputes Team (0300 322 9422) — they decide. 5) For contractual sick pay refusal, raise a grievance citing the contract clause. 6) ACAS conciliation, then tribunal claim under ERA s.13 for unlawful deduction. 7) For long-term sickness, push for reasonable adjustments under Equality Act if disability-related.
Worked example
Hannah was off sick for 8 days with a chest infection. She self-certified for the first 7 days, got a fit note for day 8 onwards. Her employer paid only days 4-8 saying SSP didn't cover the first 3 'waiting days'. Hannah pointed out that as of April 2026 SSP is payable from day 1 under the Employment Rights Bill. Employer corrected the payment. £62 recovered, but the principle mattered for the next time.
Red flags — when to escalate
🚨 Refusal of SSP without HMRC dispute reference. 🚨 Demands for a fit note in first 7 days (self-certification is the rule). 🚨 'Sick pay is discretionary' when the contract says it's a contractual right. 🚨 Pattern of sick pay refusals after specific incidents. 🚨 Refusal of statutory rate but offering 'goodwill' payment to avoid HMRC dispute.
Recruiter pro tip
April 2026 SSP changes are the biggest in 30 years: day-1 entitlement (no waiting days) and the lower earnings limit removed (so anyone earning anything qualifies). Many employers haven't updated their systems. If you're being refused SSP under old rules, point them to the Employment Rights Bill changes — the law is on your side. Always keep fit notes electronically (your GP can email them).
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