Your employer must pay you Statutory Sick Pay (SSP) if you can get it.
You should always talk to your employer to try to sort out a problem before you take any further action.
If you can’t agree about your SSP, ask your employer to give you their reasons for not paying you SSP in writing. They should do this on a form called SSP1. You can see what the SSP1 form looks like on GOV.UK.
If your employer doesn’t give you form SSP1 or if you don’t agree with their reasons, you can complain to HM Revenue and Customs (HMRC).
If you’re not sure, check if you can get sick pay.
If you’re late telling your employer you’re off sick
If you didn’t tell your employer you were off sick straight away, it’s important to tell them why. For example, you might not have been able to tell them because you were in hospital.
If your employer thinks your reason isn’t good enough they can refuse to pay you SSP for the days before you told them.
If you’re not happy with their decision you should call HMRC. If they think you’re right, they’ll challenge your employer.
You’ll need to call HMRC within 6 months of the date you should have started getting SSP.
If talking to your employer hasn’t got you sick pay
If your employer doesn’t give you an SSP1 form or if you don’t agree with their reasons, you can complain to HM Revenue and Customs (HMRC).
You’ll need to complain within 6 months of the date you should have started getting SSP.
Check how to complain to HMRC
Make sure you ask for an SSP1 form before you call HMRC.
You should call HMRC’s Statutory Payment Dispute Team.
HMRC Statutory Payment Dispute Team
Telephone: 0300 322 9422
Textphone: 0300 200 3212
Monday to Thursday, 8.30am to 5pm
Friday, 8.30am to 4.30pm
Relay UK – if you can’t hear or speak on the phone, you can type what you want to say: 18001 then 0300 322 9422
You can use Relay UK with an app or a textphone. There’s no extra charge to use it. Find out how to use Relay UK on the Relay UK website.
Your call is likely to be free of charge if you have a phone deal that includes free calls to landlines – find out more about calling 030 numbers.