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The short version
If you're an employee and you're too ill to work, your employer must pay you Statutory Sick Pay. From 6 April 2026, the rules change significantly: SSP is payable from day one of sickness (no more three unpaid waiting days), the earnings threshold is abolished (everyone qualifies regardless of pay), and lower earners get 80% of their weekly earnings or the flat rate -- whichever is lower. The flat rate from April 2026 is £123.25 per week, paid for up to 28 weeks. That's the legal minimum. Some construction industry agreements provide significantly more. If you're labelled "self-employed" but you're actually an employee, you're entitled to SSP -- and your employer has been breaking the law by not paying it.
Why this matters in construction
Construction workers get injured and get ill. The work is physical, outdoors, and dangerous. Musculoskeletal problems, respiratory conditions, injuries from falls and plant -- the sector has some of the highest rates of work-related ill health in the UK.
And when a construction worker goes off sick, they often get nothing. Because they're "self-employed." Because they're on CIS. Because nobody told them they had rights. Because the employer never set up SSP.
The April 2026 changes are the most significant overhaul of SSP in a generation. They specifically target the gaps that left low-paid and casual workers -- including huge numbers in construction -- without any sick pay at all.
What's changing -- 6 April 2026
| Rule | Before 6 April 2026 | From 6 April 2026 |
|---|---|---|
| Waiting days | First 3 qualifying days unpaid -- SSP starts on day 4 | No waiting days -- SSP from day 1 |
| Earnings threshold | Must earn at least £125/week (Lower Earnings Limit) | No earnings threshold -- all employees eligible |
| Rate | Flat rate: £118.75/week (2025/26) | Lower of 80% of average weekly earnings or £123.25/week |
| Phased returns | SSP not payable on days partially worked | SSP payable on days absent during a phased return |
These changes are delivered through the Employment Rights Act 2025 and take effect on 6 April 2026.
Who qualifies for SSP
From 6 April 2026
Every employee qualifies, regardless of earnings. To be eligible:
| Requirement | Detail |
|---|---|
| Be an employee | Classed as employed for tax purposes. Not genuinely self-employed |
| Be incapable of work | Due to illness or injury |
| Notify the employer | Within the employer's deadline, or within 7 days if no deadline is set |
| Have done some work | Must have started employment -- SSP doesn't apply if they've never actually worked |
Who does NOT qualify
| Exclusion | Detail |
|---|---|
| Genuinely self-employed | No employer to pay SSP. But if they're actually employees, SSP is owed |
| Agency workers paid by the agency | The agency is the employer -- they pay SSP |
| Employees in legal custody | |
| Employees who've already had 28 weeks' SSP | Employer issues SSP1 form; employee can claim ESA from DWP |
| Employees on maternity allowance period |
How SSP is calculated -- from April 2026
The dual-rate system
SSP is paid at whichever is lower:
- 80% of the employee's average weekly earnings, or
- The statutory flat rate (£123.25/week)
Average weekly earnings are normally calculated over the 8 weeks preceding the sickness absence.
Practical examples (from April 2026)
| Worker | Weekly earnings | 80% of earnings | SSP rate | Scenario | Amount |
|---|---|---|---|---|---|
| Full-time labourer, £500/week | £500 | £400 | £123.25 (flat rate is lower) | Off 3 days (Mon--Wed) | £73.95 (£24.65/day x 3) |
| Part-time operative, £100/week | £100 | £80 | £80 (80% is lower) | Off 1 week | £80.00 |
| Zero-hours worker, £140/week avg | £140 | £112 | £112 (80% is lower) | Off 2 qualifying days | £44.80 |
| Apprentice, £200/week | £200 | £160 | £123.25 (flat rate is lower) | Off 1 week | £123.25 |
Key point for construction: The removal of the Lower Earnings Limit means an estimated 1.3 million additional workers now qualify for SSP. In construction, this catches part-time workers, those on irregular hours, and lower-paid operatives who were previously excluded.
How long SSP lasts
| Feature | Detail |
|---|---|
| Maximum duration | 28 weeks in any one period of sickness (or linked periods) |
| Qualifying days | The days the employee normally works -- SSP is only paid for these days |
| Linked periods | Periods of sickness separated by 56 days or less are treated as one continuous period |
| After 28 weeks | Employer issues form SSP1. Employee can claim Employment and Support Allowance (ESA) from DWP |
| Maximum linked period | If linked periods extend beyond 3 years, SSP entitlement may cease even if 28 weeks hasn't been reached |
Fit notes and medical evidence
| Period of absence | Evidence required |
|---|---|
| Days 1--7 | Employee can self-certify -- no doctor's note needed |
| Day 8 onwards | Fit note (Statement of Fitness for Work) from a doctor is required |
- Employer cannot demand a fit note for the first 7 days -- they can ask for self-certification, but not a medical certificate
- Employer cannot withhold SSP if the fit note is late -- though they can withhold SSP if the employee was late notifying them of sickness
A fit note can say the employee is either:
- Not fit for work -- off sick entirely
- May be fit for work with adjustments -- the doctor can suggest phased return, altered hours, amended duties, or workplace adaptations
From April 2026, during a phased return, SSP is payable for the days the employee is still absent -- even if they're attending work on other days.
Industry sick pay schemes -- beyond SSP
SSP is the legal minimum. In construction, several national agreements provide enhanced sick pay through industry schemes:
NAECI / ECIA (Engineering Construction)
| Feature | Detail |
|---|---|
| Weeks 1--14 | £192/week for all operatives |
| Weeks 15--27 | £289.60/week for Grades 4--6; £192/week for Grades 1--3 |
| Waiting period | 7 days (days 3--5 paid retrospectively after 8 weeks) |
| Basis | 5-day working week (Mon--Fri) |
| Administered by | Welplan |
TICA (Thermal Insulation)
| Feature | Detail |
|---|---|
| Rate | £135/week for up to 52 weeks |
| Waiting period | 3 days (paid retrospectively if absence exceeds 28 days) |
| Basis | 7-day week (excluding bank holidays and annual leave) |
| Eligibility | Must have worked at least 4 of the previous 8 weeks |
BESA (Building Engineering Services Association)
| Feature | Detail |
|---|---|
| Cover | Sick pay, death in service, permanent disability, accidental dismemberment |
| From | Day one of employment -- no medical checks |
JIB (Joint Industry Board -- Electrical)
The JIB scheme also provides enhanced sick pay for electricians under its national agreements, above statutory minimums.
If you're working under one of these agreements, your employer should be enrolled in the relevant scheme and submitting claims on your behalf. If they're not, they may be breaching the national agreement.
The self-employment problem
Genuinely self-employed people have no entitlement to SSP. There's no employer to pay it. This is one of the real costs of genuine self-employment -- no sick pay safety net beyond whatever you've saved or insured yourself for.
But: If someone is labelled "self-employed" on CIS but is actually an employee (see guides 3.1--3.8), they've been denied SSP unlawfully. The employer should have been paying SSP all along. A tribunal can find employment status existed and award back-pay.
From April 2026, with the earnings threshold removed, even lower-paid workers who are employees are now covered. The "they don't earn enough" excuse is gone.
What happens when SSP runs out
| Situation | What happens |
|---|---|
| 28 weeks' SSP exhausted | Employer issues SSP1 form to the employee |
| Employee claims ESA | Employment and Support Allowance from DWP -- subject to its own eligibility rules and assessments |
| Contractual sick pay | If the employer offers enhanced sick pay beyond SSP, this continues according to the contract terms |
| Long-term sickness | Employer may need to consider reasonable adjustments (Equality Act -- disability), capability procedures, or ill-health retirement depending on circumstances |
| Dismissal | Possible after a fair process, but dismissing someone who's off sick with a disability without considering adjustments is likely discriminatory |
Employer record-keeping
Employers must keep records of SSP payments for at least 3 years and make them available to HMRC on request. Records must include:
- Dates of sickness
- Amount of SSP paid
- Employee's qualifying days
- Fit notes received
- Any self-certification forms
What to do
If you're an employer in construction:
- Update your payroll systems before 6 April 2026. The removal of waiting days and the earnings threshold changes how SSP is calculated for every absence.
- Review your absence reporting procedures. With SSP from day one, even single-day absences now trigger a payment. Your reporting process needs to capture these.
- Understand the dual-rate calculation. For employees earning below £123.25/week, you pay 80% of their average weekly earnings. For everyone else, the flat rate applies.
- Check if you're covered by an industry agreement. NAECI, TICA, BESA, JIB -- if you're bound by one, you must provide the enhanced sick pay, not just SSP.
- Enrol with the relevant scheme administrator (e.g. Welplan) if your agreement requires it.
- Don't assume CIS workers aren't your problem. If someone on CIS is actually your employee, you owe them SSP. Audit your workforce.
- Issue SSP1 forms when someone exhausts their 28 weeks, so they can claim ESA.
If you're a worker who's off sick:
- Tell your employer. Within their deadline, or within 7 days. You don't have to tell them in person or fill in a special form.
- Self-certify for the first 7 days. After 7 days, get a fit note from your GP.
- You don't need to earn a minimum amount from April 2026. The earnings threshold is gone. If you're an employee, you qualify.
- SSP is from day one from April 2026. No more three unpaid waiting days.
- If your employer won't pay SSP, contact HMRC's Statutory Payment Disputes team. They can investigate and direct the employer to pay.
- If you're "self-employed" but work like an employee, you may be entitled to SSP. Check your employment status (guides 3.1--3.8).
- Check if your employer is covered by an industry agreement. You may be entitled to significantly more than SSP under NAECI, TICA, BESA, or JIB schemes.
- After 28 weeks, ask your employer for form SSP1 and apply for ESA from DWP.
- If you have a disability, your employer has a duty to make reasonable adjustments to help you return to work. Sacking you without considering adjustments is likely discriminatory.
What to do next
- If you're off sick, tell your employer within their deadline (or within 7 days if no deadline is set) -- this triggers your SSP entitlement.
- Self-certify for the first 7 days; get a fit note from your GP from day 8 onwards.
- From April 2026, SSP is from day one with no earnings threshold -- if you're an employee, you qualify regardless of how much you earn.
- Check whether your employer is covered by an industry scheme (NAECI, TICA, BESA, JIB) -- you may be entitled to significantly more than SSP.
- If your employer refuses to pay SSP, contact HMRC's Statutory Payment Disputes team.
Sources
- Social Security Contributions and Benefits Act 1992, Part XI (Statutory Sick Pay)
- Employment Rights Act 2025 -- SSP reforms: removal of waiting days, abolition of LEL, dual-rate calculation (from 6 April 2026)
- GOV.UK -- Statutory Sick Pay: Employer Guide
- GOV.UK -- Sickness Absences That Start Before and End On or After 6 April 2026
- GOV.UK -- Statutory Sick Pay Changes (business.gov.uk)
- GOV.UK -- Rates and Thresholds for Employers 2026 to 2027 (£123.25/week SSP rate)
- GOV.UK -- Employer Bulletin February 2026
- ACAS -- Statutory Sick Pay
- Citation -- New SSP Rules from April 2026
- Harrison Drury -- Major Overhaul of Statutory Sick Pay to Take Effect from April
- NatWest Mentor -- Statutory Sick Pay Changes from April 2026
- Armstrong Watson -- New Statutory Sick Pay Rules and Actions Employers Need to Take
- Prager Metis -- The UK Employment Rights Act 2025: April 2026 Reforms
- EQ Accountants -- Statutory Sick Pay Changes from April 2026
- BESA / Welplan -- Sick Pay for Construction Workers
- Welplan -- BESA National Agreement: Construction Employee Benefits
- Welplan -- How Welplan Helps Employers Meet Industry Welfare Requirements
- GOV.UK -- Statutory Sick Pay: Notice and Fit Notes
This guide is for general information only and does not constitute legal, tax, or financial advice. Legislation, HMRC guidance, and statutory rates change frequently. The SSP changes described take effect on 6 April 2026 -- transitional arrangements apply to employees already on SSP before that date. Industry sick pay schemes (NAECI, TICA, BESA, JIB) have their own eligibility criteria and rates that may change independently. Always take professional advice specific to your circumstances before acting on anything in this guide. SiteKiln is not a law firm and accepts no liability for actions taken based on this content.
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