Statutory sick pay for zero hours workers (2026)

Since 6 April 2026 zero-hours staff who qualify as employees for SSP get Statutory Sick Pay from the first qualifying day of sickness, however little they earn: the lower earnings limit (£125 a week in 2025/26) was abolished. They are paid the lower of £123.25 a week and 80% of their average weekly earnings over the previous 8 weeks. Qualifying days are the days they were due to work; if no days are agreed in a week, Wednesday is the qualifying day.

Casual and zero-hours staff were the group most often shut out of Statutory Sick Pay. Many earned under the £125-a-week lower earnings limit, and short absences fell inside the three waiting days. Both barriers went on 6 April 2026.

What changed for casual staff

Until 5 April 2026 From 6 April 2026
Minimum earnings £125 a week average (2025/26) None
Waiting days First 3 qualifying days unpaid None
Shortest absence 4 consecutive days 1 day
Weekly rate £118.75 flat Lower of £123.25 and 80% of average weekly earnings

For a zero-hours worker the 80% rule is usually the one that applies, because average weekly earnings below £154.07 give 80% below £123.25.

Step 1: average weekly earnings

GOV.UK’s method: find the last normal payday before the first complete day of sickness; the relevant period runs back from there to the day after the payday at least 8 weeks earlier. Add all earnings paid in that period and divide by the number of weeks. For staff paid for fewer than 8 weeks, divide by the actual number of weeks (or days ÷ 7). Do not round.

For linked absences, the average is taken before the first absence in the linked series, and that rate carries on.

Step 2: qualifying days

SSP is paid only for qualifying days. Regulation 5 of the SSP (General) Regulations 1982 sets them as the days agreed between employer and employee. For zero-hours staff the practical answer is usually the days on the rota for that week.

  • If shifts were booked for Tuesday and Thursday, those are the qualifying days.
  • If no days were agreed for a week, Wednesday is the qualifying day.
  • You cannot pick qualifying days by reference to the sickness itself — the regulation forbids agreements that do that.

Step 3: the daily amount

Divide the weekly rate by the number of qualifying days in that Sunday-to-Saturday week, and multiply by the qualifying days the person was sick.

Example. Average weekly earnings over 8 weeks: £96. 80% is £76.80, so the weekly rate is £76.80. They were rota’d for Friday and Saturday and were sick for both. Two qualifying days, both sick: a full week of qualifying days, so £76.80.

Example with no shifts. Same worker, ill all week, no shifts agreed. Wednesday is the qualifying day: £76.80 for the week.

Example, one shift. Rota’d Monday, Wednesday and Friday; sick on Monday only. £76.80 ÷ 3 = £25.60.

You can check these in the SSP calculator: enter the days and the average, and it applies the rules for each date.

A worked 8-week average

A casual bar worker paid weekly is off sick from Monday 5 October 2026. Their last normal payday before that was Friday 2 October. The relevant period covers the 8 weekly paydays up to and including 2 October:

Payday Gross pay
14 August £72.00
21 August £144.00
28 August £0.00
4 September £108.00
11 September £36.00
18 September £180.00
25 September £72.00
2 October £108.00
Total £720.00

Average weekly earnings: £720 ÷ 8 = £90. 80% is £72, which is lower than £123.25, so the weekly SSP rate is £72. Weeks with no pay still count in the eight; that pulls the average down, which is how the rule is meant to work.

Reporting sickness and fit notes

The usual rules apply to casual staff. If you have not set a time limit for reporting sickness, employees have 7 days. You cannot insist on a special form or that they report in person. You can ask for a fit note only when the absence lasts more than 7 days in a row, including non-working days, and you cannot withhold SSP because a fit note arrives late.

Linking still applies

Short, frequent absences link when they are 56 days or less apart, and linked absences share one 28-week maximum. Because a single day now counts, casual staff with frequent short absences often build one long linked series. See linked periods of incapacity explained.

Employment status

SSP is due to employees in the broad social security sense — people taxed as employed earners through your payroll, which can include many casual and agency workers. Labels in the contract do not decide it. If you put someone on payroll and deduct Class 1 National Insurance, assume SSP applies unless advised otherwise.

Coming in 2027

The Employment Rights Act 2025 also plans guaranteed hours based on hours regularly worked, reasonable notice of shifts and payment for short-notice cancellations. No commencement regulations had been made by 25 October 2026, and the reference period and “low hours” threshold are still to be set. The habit worth starting now is the same one SSP needs: keep a weekly record of the shifts each person was offered and worked.

Holiday for irregular-hours staff

Not SSP, but often handled at the same time: for leave years starting on or after 1 April 2024, irregular-hours and part-year workers accrue holiday at 12.07% of hours worked in each pay period. Since 6 April 2026 you must keep records showing holiday and holiday pay compliance for six years.

Frequently asked questions

Do zero-hours workers get sick pay?

If they are employees for SSP purposes and are off sick on days they were due to work, yes. Since 6 April 2026 there is no minimum earnings level, so even very low-paid casual staff qualify.

What if they had no shifts booked when they fell ill?

SSP is paid for qualifying days. If no working days were agreed for that week, regulation 5 of the SSP (General) Regulations 1982 makes Wednesday the qualifying day.

How do I work out average weekly earnings for irregular pay?

Add gross earnings paid in the 8 weeks before the first day of sickness and divide by 8 (or by the actual number of weeks if they have worked less than 8). Do not round the result.

Do they get guaranteed hours now?

Not yet. Guaranteed hours, reasonable shift notice and pay for cancelled shifts are planned for 2027 under the Employment Rights Act 2025, with timing under consultation.

Sources

  1. Employment Rights Act 2025, section 11 (SSP lower earnings limit etc)
  2. Social Security Contributions and Benefits Act 1992, s.157 (rates)
  3. Statutory Sick Pay (General) Regulations 1982, reg 5 (qualifying days)
  4. GOV.UK — Work out your employee's SSP manually
  5. GOV.UK — Statutory Sick Pay employer guide
  6. GOV.UK — Plan to Make Work Pay timeline update (guaranteed hours)
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