Changes to SSP – 28 days of self-certification

17 Dec 21 by Charlotte Morris
Statutory Sick Pay

It has long been established that employees may self-certify their sickness absence for 7 days, after which they must provide medical evidence to confirm that they are not fit for work so as to confirm entitlement to Statutory Sick Pay (SSP).

The DWP and HMRC have today introduced new rules enabling any employee to self-certify for a period of 28 days – meaning employers cannot request proof of incapacity for work, for that 28 day period.

This extended 28 day self-certification period is limited to periods of incapacity for work which started between 10th December 2021 and 26th January 2022.

The aim of these changes is to reduce the burden on GPs whilst they roll out vaccinations and boosters in the fight against Covid, however, the impact on employers could be vast.

Employees must continue to notify their employer of ongoing sickness and payment can be withheld for days you have not been notified of, but not for late presentation of medical evidence.

For advice on specific situations and the application of these new rules, please speak to your legal advisory team.


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Post by Charlotte Morris

Senior solicitor, ESP Law Ltd

Charlotte qualified as a solicitor in 2010 and has over 10 years’ experience of handling a varied and complex caseload, with focus on the retail and hospitality, transport and logistics and manufacturing sectors. She is also experienced within the education sector not only in advising clients but providing training to other lawyers within the sector and volunteering as a school governor for several years. Having undertaken a large litigation caseload throughout her career, Charlotte takes a commercial approach to her advice, enabling customers to manage risks and make informed decisions.