The first significant tranche of the Government’s Employment Rights Act (previously Bill) changes are coming into force this April. A change that has been slightly forgotten about in the shadow of headline changes, such as the alterations to unfair dismissal, is the change to Statutory Sick Pay (‘SSP’). In many ways, the changes to SSP are probably one of the most significant new legal modifications made by the ERA for the everyday running of a business to the average employer. What is Changing to SSP? The position today prior to the changes coming in April, is that to qualify for SSP the individual must 1) be classed as an employee and have done some work for your employer, 2) earn an average of at least £125 per week, and 3) have been ill for more than 3 days in a row (including non-working days). The new changes mean that element 2) and 3) fall away entirely. That means that SSP entitlement will be extended to the lowest-paid employees and that SSP is payable from the first day of sickness . There have been no changes regarding Fit Notes meaning that employees are still allowed to self-certify for the first 7-days of sickness. This means that an employee cannot be required to provide a Fit Note within the first 7-days. With that said, there is nothing wrong with asking for a Fit Note if the employee consents to obtaining one in the first 7-days. Potential Impact Recent figures show that we are at a record high for absence levels with average days per employee of sick up to 9.4 days in 2025, up from 7.8 in 2023. A recent survey by WorkNest suggests that 37% of HR professionals say that high levels of short-term and frequent absence is their primary challenge when it comes to managing sickness. Naturally, this hits business productivity, particularly for smaller businesses with a tighter budget with Unum estimating UK SMEs have lost £29bn annually due to sickness-related productivity. Mental ill health remains the leading cause of both short-term and long-term absence. Recent data reveals that in 2024/25, approximately 17.1 million working days were lost due to work-related stress, depression, or anxiety, accounting for nearly half of all work-related ill health cases. Practical Considerations In relation to the SSP changes, you will have to amend your internal sickness absence policy and employment contracts to remove the waiting days and earning limits. You should ensure that your sickness absence policy contains very clear messaging about how and when to notify you of the employee’s absence so that you can get the most notice possible and you can take potential disciplinary action for repeat offenders who do not follow the reporting procedures. When it comes to employees showing signs of mental ill health, if this persists then it may well be worth obtaining a report from their GP or an Occupational Health provider. This report will allow you to put in place reasonable adjustments to enable the employee to remain in work and hopefully make recovery steps which will benefit them on a personal level and your business from a productivity perspective. As always, this advice is general in nature and will need to be tailored to any one situation. As an RMI member you have access to the RMI Legal advice line, as well as several industry experts for your assistance. Should you find yourself in the situation above, contact us at any stage for advice and assistance as appropriate. Motor Industry Legal Services Motor Industry Legal Services provides fully comprehensive legal advice and representation to UK motor retailers for one annual fee. It is the only regulated law firm in the UK which specialises in motor law and motor trade law. MILS currently advises over 1,000 individual businesses within the sector as well as the Retail Motor Industry Federation (RMI) and its members.i