Day-One Rights: Statutory Sick Pay and Fair Work Agency — What Employers Need to Know in 2026

From 6 April 2026, every employee in the UK — including those in their first week on the job — is entitled to statutory sick pay from the first day of sickness absence. The three waiting days are gone. The Lower Earnings Limit that excluded lower-paid workers is abolished. One day later, the Fair Work Agency launched with the power to investigate employers proactively — requesting contracts, payslips, meeting notes, and policies without waiting for a complaint. Both changes apply to probationary employees from Day 1, and together they significantly raise the documentation standard for every employer managing new starters.

ProbationWatch tracks every probationary employee from their actual start date and generates structured, ACAS-aligned review records — giving you audit-ready documentation before the Fair Work Agency comes calling. See how it works →

When Does Day-One Sick Pay Start in the UK?

Day-one SSP took effect on 6 April 2026. From that date, SSP is payable from the first qualifying day of sickness absence. The previous rule — which required employees to be sick for at least four consecutive days before SSP kicked in on the fourth day (after three "waiting days") — no longer applies.

This is not a future change to plan for. It is already in force. Every sickness absence that began on or after 6 April 2026 is subject to the new rules.

What changed in practical terms

The simplest way to understand the impact is a before-and-after comparison.

Before 6 April 2026: An employee working five days a week who was off sick for five days received SSP for only two of those days (days four and five, after the three waiting days were deducted). Employees earning below the Lower Earnings Limit (£123 per week in 2025/26) received no SSP at all, regardless of how long they were sick.

From 6 April 2026: The same employee off sick for five days now receives SSP for all five days. The three waiting days have been removed entirely. The Lower Earnings Limit has been abolished — meaning employees previously excluded from SSP on the basis of low earnings are now eligible. For employees whose average weekly earnings fall below the standard SSP rate, SSP is set at 80% of their average weekly earnings, capped at the standard SSP rate.

For employers managing probationary staff, this means a new starter who calls in sick during their first week is entitled to SSP from Day 1 of that absence. There is no "probation exemption" and no earnings floor.

What Is the Lower Earnings Limit Removal for SSP?

Before April 2026, employees had to earn at least £123 per week (the Lower Earnings Limit) to qualify for SSP. This excluded a significant number of part-time, zero-hours, and lower-paid workers from any statutory sick pay entitlement.

The Employment Rights Act 2025 abolished this threshold. From 6 April 2026, SSP eligibility is no longer tied to a minimum earnings level. Instead, a new calculation applies for lower earners: SSP is paid at 80% of the employee's average weekly earnings where that figure is below the standard flat SSP rate.

The practical implication for employers: you can no longer assume that part-time or lower-paid probationary employees fall outside SSP. Every employee on your payroll is now potentially entitled from their first day of sickness.

How Do the SSP Changes Affect Probationary Employees?

Probationary employees are affected in the same way as all other employees — there is no distinction in SSP law between probationary and confirmed staff. But the interaction with probation management creates specific operational challenges that employers should plan for.

Sickness absence during early weeks. A new starter who is absent sick in their first month now generates an SSP obligation immediately. Employers need processes to capture and process sickness absence data for employees who may not yet be fully onboarded into payroll systems.

Absence tracking becomes documentation. Every day of sickness absence during probation is now a payable event. That means it must be recorded accurately — not just for payroll, but as part of the probation record. If sickness absence becomes a factor in a later probation decision, you need contemporaneous records showing what was reported, what was paid, and how absence was managed.

Managing frequent absence fairly. ACAS guidance is clear that employers should not dismiss an employee for sickness absence without first understanding the reasons, considering whether adjustments can be made, and following a fair process. During probation, the temptation to use absence as an informal reason to end the relationship is higher — but from January 2027, that approach carries unfair dismissal risk once the employee reaches six months. Documentation of how absence was handled during probation is part of your evidence chain.

ProbationWatch records every review, every objective, and every decision point in the probation timeline — so if sickness absence becomes part of a later conversation, the full picture is already documented. Explore the features →

What Is the Fair Work Agency?

The Fair Work Agency is a new enforcement body established under the Employment Rights Act 2025. It launched on 7 April 2026 as an Executive Agency of the Department for Business and Trade.

The FWA consolidates enforcement responsibilities that were previously spread across multiple bodies — including enforcement of holiday pay, statutory sick pay, national minimum wage, and agency worker regulations. The government has described it as a "one-stop shop" for workers' rights enforcement.

For employers, the key difference from the previous regime is this: the FWA does not only respond to individual worker complaints. It has the power to proactively investigate businesses based on factors including sector, geographic location, and company size. An employer does not need to have received a complaint to be subject to an FWA review.

When Does the Fair Work Agency Launch?

The FWA launched on 7 April 2026 — one day after Day-1 SSP took effect. It is now operational.

The timing is not coincidental. The government's implementation strategy placed both changes in the same week to signal that the new rights come with a new enforcement mechanism. Employers who updated their SSP processes but did not also prepare for FWA scrutiny may find themselves exposed.

What Records Can the Fair Work Agency Request from Employers?

The FWA's investigatory powers are broad. Based on published guidance from employment law firms and government sources, the records an employer should expect to produce include:

Employment contracts — including probation clauses, notice provisions, and terms around pay and hours.

Payslips and pay records — demonstrating correct SSP calculations, holiday pay, and national minimum wage compliance.

Timesheets and attendance records — showing hours worked, sickness absence, and how absences were recorded.

Meeting notes and review records — including probation reviews, performance discussions, and any formal or informal conversations about conduct or capability.

Termination letters and decision records — documenting the reasons and process for any dismissal, including during probation.

Company policies — covering probation, absence, disciplinary and grievance procedures, and any other policies relevant to the employment relationship.

Witness statements and correspondence — relevant communications between managers and employees, or between HR and the employee.

RSM's compliance guidance is direct: the agency's focus will be on whether employers can prove compliance quickly, clearly, and consistently. The implication is that disorganised records, scattered across email inboxes and local drives, will not meet the standard. Employers need a system that can produce a complete, credible file on request.

What Does the Fair Work Agency Mean for Small Employers?

The FWA's proactive investigation model creates a particular challenge for smaller employers. Larger organisations typically have dedicated HR teams, established HRIS systems, and compliance processes built into their operations. SMEs — particularly owner-managed businesses with fewer than 50 employees — are more likely to be running probation on spreadsheets, managing absence through email, and storing records inconsistently.

The FWA is not expected to focus exclusively on large employers. Its mandate covers the full range of UK businesses, and its proactive review criteria include sector and geography as well as size. A small employer in a sector with historically high rates of non-compliance — such as hospitality, retail, or care — may be reviewed without any employee having raised a concern.

The practical response is straightforward: small employers need the same quality of records as large ones. The difference is that small employers are less likely to have the infrastructure to produce them without a dedicated system.

Before and After: What Changed on 6–7 April 2026

| Area | Before 6 April 2026 | From 6 April 2026 | |---|---|---| | SSP waiting days | Three waiting days before SSP payable | SSP payable from Day 1 of sickness | | SSP earnings threshold | Employees earning below £123/week excluded | Lower Earnings Limit abolished — all employees eligible | | SSP rate for lower earners | Not applicable (excluded by LEL) | 80% of average weekly earnings, capped at standard SSP rate | | SSP for new starters | Subject to waiting days and LEL | Entitled from first day of first sickness absence | | Enforcement model | Multiple bodies, complaint-driven | Fair Work Agency — single body, proactive investigations | | Records requests | Varied by enforcement body | FWA can request contracts, payslips, meeting notes, policies, termination records | | Investigation trigger | Primarily employee complaints | Proactive reviews based on sector, size, location — no complaint needed |

ProbationWatch generates sealed, tamper-evident review records and stores them in a SHA-256 evidence chain — so when the Fair Work Agency asks for your documentation, you produce a verifiable audit trail, not a folder of emails. Start your free trial →

Preparing Your Probation Process for the New Regime

The April 2026 changes do not exist in isolation. They are the first wave of a two-phase reform. From January 2027, the unfair dismissal qualifying period drops to six months and the compensation cap is removed. The Fair Work Agency will be fully operational and building its investigation caseload.

Employers who treat the SSP and FWA changes as separate compliance tasks — disconnected from their probation process — are missing the strategic picture. Every probationary employee now generates Day-1 SSP obligations, is subject to FWA-auditable record-keeping requirements, and will gain unfair dismissal rights at six months.

The thread connecting all three is documentation. Structured, contemporaneous, audit-ready records of objectives, reviews, decisions, and absence management are the single best defence across all of these obligations.

Immediate actions:

Review and update your SSP calculation processes and absence policies to reflect Day-1 entitlement and the removal of the Lower Earnings Limit. Ensure payroll systems are configured correctly.

Audit your current record-keeping practices against the list of documents the FWA can request. Identify gaps — particularly in meeting notes, review records, and termination documentation.

Brief line managers on what has changed and what they are now expected to document. Fewer than half of UK organisations provide line manager training on managing probation. That gap is now a compliance risk, not just a development opportunity.

Put a system in place that tracks each employee's probation timeline, prompts reviews at defined intervals, and stores records in a format that is date-stamped, secure, and producible on request.

Frequently Asked Questions

When does day-one sick pay start in the UK?

Day-one SSP took effect on 6 April 2026. From that date, statutory sick pay is payable from the first qualifying day of sickness absence. The three waiting days that previously applied have been removed, and the Lower Earnings Limit has been abolished.

What is the Fair Work Agency?

The Fair Work Agency is a new enforcement body established under the Employment Rights Act 2025. It launched on 7 April 2026 as an Executive Agency of the Department for Business and Trade, consolidating enforcement of holiday pay, SSP, national minimum wage, and agency worker regulations into a single body with proactive investigation powers.

When does the Fair Work Agency launch?

The FWA launched on 7 April 2026. It is now operational and has the power to proactively investigate employers based on sector, location, and company size — not only in response to individual worker complaints.

What records can the Fair Work Agency request from employers?

The FWA can request employment contracts, payslips, timesheets, meeting notes, probation review records, termination letters, company policies, witness statements, and relevant correspondence. Its focus is on whether employers can demonstrate compliance quickly, clearly, and consistently.

How do the SSP changes affect probationary employees?

Probationary employees are entitled to SSP from their first day of sickness absence, with no waiting days and no minimum earnings threshold. Employers must record sickness absence accurately during probation — both for payroll and as part of the probation documentation trail that may be relevant to later decisions.

What does the Fair Work Agency mean for small employers?

The FWA's proactive review model applies to businesses of all sizes. Small employers — particularly those in sectors with historically higher non-compliance rates — may be reviewed without any complaint having been filed. The practical requirement is the same as for larger organisations: audit-ready records that can be produced on request.

What is the Lower Earnings Limit removal for SSP?

Before April 2026, employees earning below £123 per week were excluded from SSP entirely. The Lower Earnings Limit has been abolished. All employees are now eligible for SSP regardless of earnings level. For those earning below the standard SSP rate, SSP is set at 80% of average weekly earnings, capped at the flat rate.