Employment Rights Act 2025 SSP Compliance Checklist

As of the Employment Rights Act 2025 (Effective 6 April 2026)

The launch of the Fair Work Agency (FWA) means UK businesses now face stricter enforcement and civil penalties for incorrect absence payments. Use this checklist to ensure your process is compliant:

Abolish Waiting Days: Ensure your system is paying SSP from Day One. The old 3-day waiting period is legally obsolete.

Apply the 80% Rule: For employees earning less than the flat rate, verify that you are paying the lower of £123.25 per week or 80% of their average weekly earnings.

Remove the Earnings Floor: Ensure all staff, including part-time and low-earners, are enrolled for SSP. The Lower Earnings Limit (LEL) has been abolished.

Digitise Self-Certification: With “Day One” rights, the volume of 1-2 day claims will surge. You must have a digital self-certification (like the one built into Activ People HR) to maintain a defensible audit trail for the FWA.

Automate “Fit to Return” Declarations: Capture employee fitness declarations before they resume work to mitigate health and safety liability under the new 2026 whistleblowing protections.