Are casual workers entitled to SSP?

The recent changes to Statutory Sick Pay (SSP)  mean that some casual , low-paid, short-term and zero-hours workers who may previously have fallen outside SSP entitlement, particularly because of the Lower Earnings Limit, may now qualify. From 6 April 2026, the removal of the lower earnings limit (£125 per week) has brought workers into the SSP eligibility. In this blog we break down what a worker is and how the scheme works for them .

What is a worker? 

Gov.uk defines a worker as follows: 

Someone is likely to be a worker if most of these apply: 

• they occasionally do work for a specific business 
• the business does not have to offer them work and they do not have to accept it - they only work when they want to 
• their contract with the business uses terms like ‘casual’, ‘freelance’, ‘zero hours’, ‘as required’ or something similar 
• they had to agree with the business’s terms and conditions to get work - either verbally or in writing 
• they are under the supervision or control of a manager or director 
• they cannot send someone else to do their work 
• the business deducts tax and National Insurance contributions from their wages 
• the business provides materials, tools or equipment they need to do the work 

It is important to note that this is different from a zero hours employee. Some zero hours employment contracts may create continuity of service, and are useful where there is an ongoing, but unpredictable requirement for work, this will depend on the contractual terms and the reality of the working arrangements. For example, a coffee shop where shifts are available and will be offered to a pool of zero hours employees. The coffee shop isn’t obliged to offer work nor is the employee obliged to accept it. However, the ongoing need for the work means it's in the employer’s interest to have a pool of trained staff and it's in the employees’ interest to accept work when they are available to do it. 

Why does the distinction matter? 

Where you have a zero hours employee, then eligibility for SSP is usually clearer. As long as they have completed work under the contract, they are eligible to be paid SSP based on average weekly pay earned over the past 8 weeks. 

However for genuinely casual contracts, the engagement stops and starts with the specific shift or shifts. For example, an events company engages a worker to staff a festival for 3 days from Thursday to Saturday. Once the last shift is over on the Saturday, the engagement ends and there is no continuity of service. Even if the events company engages the worker again in the future, they will be starting from scratch.  

Gov.uk again confirms this where it says, “Employees may not have worked for you for long enough for the normal average weekly earnings rules to apply or have worked for you before in a previous contract which does not link with the current contract”. 

How does SSP eligibility work for casual workers? 

In this case, the worker still needs to complete work under that contract. So, using the example above, if the worker agrees to work  Thursday to Saturday but was sick on Friday and Saturday, then t SSP is duefor the Friday and Saturday. Once the contract ends on the Saturday, there is no more entitlement to SSP. The worker could fill in a SSP1 form to claim Sick pay directly from the government. 

How do you calculate the pay? 

This is where it gets tricky. Again, using information from gov.uk, firstly calculate the average weekly pay. For casual workers, this can be a difficult calculation as they may not work a full week, never mind 8 in a row. The following example helps explain how weekly pay is calculated. 

An employee’s average weekly earnings are worked out differently when the last normal payday before the Period of Incapacity to Work (PIW) is known and either: 

• there are no previous paydays covering at least 8 weeks' pay 
• the new employee falls sick before they have their first payday 

The relevant period becomes the period represented by all the earnings paid under the contract, before the first day of sick absence. 

If an employee received 2 weeks and 3 days earnings (17 days), divide the earnings by 17 (days) and multiply by 7, regardless of the number of days a week the employee is expected to work. 

You can then work out the average weekly earnings by dividing the earnings before the first day of sickness by the number of days in the relevant period. 

When the PIW is before any earnings have been paid, use the employee’s contractual earnings to work out how much SSP they should receive based on the rate of pay for their job. 

The amount of SSP you must pay an employee for each day they’re off work from the first day of illness (the daily rate) depends on the: 

• employee’s average weekly earnings 
• number of ‘qualifying days’ they work each week 

A daily rate will apply either based on the standard weekly rate or will be specific to the employee. The SSP daily rates and amounts to pay in the tables are based on the standard weekly rate. 

Use the Statutory Sick Pay calculator to work out your employee’s sick pay, or read how to work out your employee’s Statutory Sick Pay manually using these rates. 

Need help managing sickness absence for casual, zero-hours or variable-hours staff? 

The SSP changes from April 2026 mean employers need to review contracts, sickness policies, payroll processes and how qualifying days are identified for irregular workers. Cornerstone supports employers in hospitality, care and other people-heavy sectors with practical sickness absence processes that are legally compliant and workable in the real world. Contact the Cornerstone team on 0161 647 7990 for more information