Can I claim sick pay?

I took 7 days off work for flu and my employer won’t give me sick pay. I work on a flexible shift contract and when I called in sick they just took me off the rota and didn’t pay me till I came back. Is this right?

Whatever your contract type, your entitlement to statutory sick pay is the same. It is paid from the fourth day you are off work. You need to earn £112.00 a week or more before tax, and to report your sickness according to your workplace rules.

Removing you from an agreed rota cannot change your entitlement to sick pay. The first step is to ask your employer to fill in the government form SSP1   explaining their reasons for not paying you, then call the number for HMRC on the form. They’ll clarify whether you’re entitled and if you are, make sure you’re paid.

If your employer won’t fill in the form, contact HMRC, who have a legal duty to solve issues around sick pay.


For further help and advice, contact your nearest Citizens Advice.

Free, confidential advice and help is available from South Lakes Citizens Advice on any aspect of debt, consumer problems, benefits, housing, employment or any other problems. Please note the Grange office is now closed but help is still available from all other outlets across South Lakeland and also over the phone – telephone 03444 111 444 for an appointment and help, 015394 46464 for debt and on-going enquiries.

South Lakes Citizens Advice is a registered charity, No: 1118656 and company limited by guarantee, No: 6113551. FRN: 617574