Statutory Sick Pay reform unpacked: Top 10 questions from HR
With Statutory Sick Pay reform fast approaching, many employers are facing increased cost, operational pressure and legal risk at a time when HR teams and managers are already stretched. The changes go beyond payroll, affecting absence management, employee relations capability and tribunal exposure.
Understanding how to prepare now is critical to staying compliant, managing risk and avoiding unintended consequences across the workforce. During our recent webinar, ‘Get ahead of SSP reform: A guide for UK employers’, senior HR leaders asked some interesting questions to our panel of experts.
Rena Christou, CEO of Empowering People Group, Stefan Mars, Head of Legal at our group legal division, Halborns, and expert guest speaker Marcus Uzubalis, Director at LACE Partners, share their perspectives below, responding to the questions raised.
1. What are the key data points we need to capture?
From an employee relations and risk‑prevention lens, Marcus highlighted the importance of using data to identify ER risks early and prevent issues escalating into formal cases. He explained that HR should track the types and frequency of issues, including informal concerns, as early warning signals that could trigger absence.
It’s important to be able to analyse where issues occur, who is involved, and how long cases take to resolve, as patterns can reveal recurring team, managerial, or capability challenges.
Monitoring recurring themes such as behaviour, workload, or conflict is key, and technology including AI can help analyse data to spot trends and root causes. Together, these insights create a clear heat map of emerging hotspots, enabling HR to intervene early and reduce risk.
2. Can pay be withheld during a probationary period?
“No, I’m afraid not, entitlement to SSP will apply from the first day of employment” – Stefan Mars, Head of Legal
3. Do you recommend any integrated systems with real-time data and automated alerts?
Addressing how organisations can better equip HR and managers, Rena shared a more modern, data‑driven approach to employee relations.
“We’ve coined the term Employee Relations as a Service (ERaaS) as the modern, data‑driven operating model that gives HR actionable insights, empowers managers to be better leaders, and enables proactive absence and risk management. This fit-for-the-future model reduces burnout, improves productivity and the employee experience, whilst reducing costs and freeing up HR to focus on strategic priorities”
4. Are part‑time employees entitled to SSP if they are sick for part of the week?
Stefan clarified a common area of uncertainty. If an employee works five days a week but shorter hours each day, is off sick for two days, and works the remaining three days earning above the Lower Earnings Limit, they will be entitled to SSP for the two days of sickness from 6 April 2026.
5. Does the employee need to provide fit to work if they return early?
Stefan responded, “If I understand the question correctly, you’re asking if an employee who is covered by a fit note can return before the expiry of the fit note. If so, from an employment law point of view, yes they can provided you’re satisfied that they’re fit and well enough to return to work. You’d also want to check with your employee liability insurer to check they’ve got no objection to the employee returning early.”
6. Do you expect SSP reform to impact grievance levels and how can organisations manage that risk?
Stefan said, “That’s an interesting question. The only situation in which we can see the changes to SSP will impact grievance levels, could be from employees who aren’t off sick if there’s a spike in sickness absence (i.e suggesting they’re overworked) or if absence management is more proactive than currently.”
To manage this risk, he stressed the importance of clear and consistent communication. Employers should be transparent about how sickness absence is being managed and ensure that processes are applied fairly and consistently across the organisation.
7. Why is sickness absence higher in the UK than in the USA?
Reflecting on this comparison, Stefan noted that higher UK absence levels are largely driven by the lack of sick pay in many parts of the US, alongside much looser employment rights protection.
8. Do we have to tell all staff about this change?
Yes. Stefan clarified that if your contracts state that SSP is paid from day 4 onwards, contracts need to be amended to reflect the changes, either by reissuing contracts or issuing side letters that clearly capture the updated position.
9. How do we reduce the risk of tribunals?
Drawing on experience, Stefan explained that the risk of tribunals can be reduced by managing absence confidently, fairly and consistently. While managers may be hesitant where disability, neurodiversity, or mental health concerns are involved, these factors do not prevent appropriate absence management.
The key is being able to demonstrate that reasonable adjustments have been made, such as applying more lenient triggers for disability‑related absence, which strengthens an employer’s position in defending discrimination claims.
Where disability is not a factor, organisations should rely on clear absence triggers, employee awareness, appropriate warnings, and consistent treatment across comparable cases to minimise tribunal risk.
10. We have little bandwidth in the team. How do we deal with an increase in sickness absence?
Rena emphasised that managers and HR teams already stretched, so organisations need the right tools to reduce reliance on internal HR teams. This includes equipping managers with clear, accessible policies, training on what is changing and practical guidance so they can handle absence cases confidently, sensitively and proactively.
Technology like our empower® platform used by Starbucks UK streamlines processes and supports proactive absence management. Requests for external ER support are also increasing as this helps to absorb increased ER caseloads, fill capacity gaps and reduce the risk of burnout, especially as HR teams are being hit hardest by absence.
Get ahead of SSP reform: On-demand webinar
Missed the session or want to revisit the discussion? Watch the webinar on‑demand here to hear the full expert conversation and practical guidance for employers. Explore the resources shared in the session below: