How the Employment Rights Bill Will Transform Statutory Sick Pay

SECTION GUIDE

The Employment Rights Bill 2024-25 introduces sweeping changes across several areas of employment law — but one of the most immediate and impactful for SMEs is the reform of Statutory Sick Pay (SSP).

From 2025, SMEs will be required to provide day-one sick pay to all eligible employees, removing the lower earnings limit and the traditional waiting period before SSP kicks in. For many small businesses, this change represents both an opportunity and a financial challenge.

This article breaks down how the reforms will work, what they mean for your business, and how to prepare.


Statutory Sick Pay – What’s Changing?

Under the current SSP system:

  • Workers earning below the Lower Earnings Limit (£123 per week) are not entitled to SSP.
  • There is a three-day waiting period before SSP is payable.

Under the Employment Rights Bill 2024-25:

  • SSP will become available from day one of an employee’s absence.
  • The lower earnings threshold will be removed, meaning an additional 1.3 million low-paid workers will now qualify for sick pay.

 

Statutory Sick Payimpact hr ident

Why the Government Is Making This Change

The new rules aim to:

  • Support low-income and part-time workers who were previously excluded from SSP protections.
  • Reduce presenteeism (where employees attend work while sick) by ensuring all workers can afford to take time off when unwell.
  • Promote public health by encouraging early and responsible absence when needed, especially in customer-facing sectors.
  • The impact on SMEs

    While the goal of improving worker protection is welcome, for SMEs the reforms may bring a series of practical challenges:

    1. Higher Short-Term Sickness Costs

    • SMEs will see an increase in payroll costs, particularly for casual, part-time or lower-paid staff who were previously ineligible.
    • Businesses may face more frequent short-term sickness absences as workers feel more financially secure in taking time off.

    2. Payroll and System Changes

    • Payroll software and manual calculations will need to be adjusted to ensure SSP kicks in from day one of absence.
    • Time and attendance systems may need updating to automatically record sick pay entitlements for all workers, regardless of earnings.

    3. Increased Risk of Non-Compliance

    • Failure to pay SSP correctly could lead to penalties, potential tribunal claims, and damage to your reputation as a fair employer.
    • SMEs without internal HR or finance teams may be more exposed to payroll errors and non-compliance.
  • How SMEs Can Prepare

    1. Review and Update Sick Pay Policies

    • Clearly outline the new entitlement to day-one SSP.
    • Ensure your sickness absence reporting procedures are updated and shared with all employees.

    2. Audit Payroll and HR Systems

    • Ensure your systems automatically calculate SSP from day one of absence.
    • Remove any logic in payroll software that limits sick pay based on previous earnings thresholds.

    3. Train Line Managers

    • Managers should be clear on when SSP entitlement begins and how to handle sickness absence reporting under the new law.
    • Reinforce the importance of early communication when employees are unwell.

    4. Monitor Sickness Trends

    • Regularly track short-term absence patterns across your business.
    • Consider implementing return-to-work interviews to ensure absences are managed sensitively but fairly.
Statutory Sick Pay

A Balanced Approach: Supporting Staff While Managing Costs

While SSP costs may rise, SMEs who invest in a supportive wellbeing and absence management strategy can reduce the overall financial impact. Consider:

  • Offering access to occupational health or wellbeing support to improve long-term employee health.
  • Encouraging flexible or remote working during mild illness where appropriate.

Sectors Most Likely to Feel the impact

  • Retail and hospitality – high numbers of part-time and casual workers.
  • Care and healthcare – higher exposure to illness and requirement for safe staffing levels.
  • Warehousing, logistics, and seasonal industries – reliance on flexible, lower-paid staff.

Conclusion

 

The Employment Rights Bill 2024-25 will expand sick pay eligibility across the UK workforce. For SMEs, early action is key to ensuring payroll and HR systems are ready, reducing the risk of non-compliance, and balancing employee wellbeing with financial sustainability.

  • Protect your business.
  • Support your workforce.
  • Stay ahead of compliance risks.

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