Explore the key employment law questions facing UK businesses in April 2026. From Statutory Sick Pay reforms to phased employee returns under the Employment Rights Act, our experts break down the latest ERA changes and their immediate impact on your workforce.
During a month of unprecedented change, these were the most frequently asked questions from our clients:
1. We’ve already noticed an increase in absence levels since the changes to the SSP regime. Is there anything we can do to mitigate against the impact of this change?
Unfortunately, we don’t have a magic wand that’s going to help overnight, particularly for those clients who have reported a sharp increase in absence this month. SSP will still be payable and there’s inevitably the additional financial pressure this brings as well as the operational disruption caused by higher absence levels.
What we do recommend is taking steps to manage the absence, such as holding return to work interviews and documenting them to help spot any patterns at an early stage and in the hope that having to discuss the absence with a line manager or business owner may serve as a deterrent for those absences that aren’t genuine. We also strongly recommend introducing an absence policy which allows you to issue warnings (first, final and dismissal) when absence hits certain trigger points.
Please note that disability and pregnancy related absences should be excluded. If you’d like help drafting or implementing such a policy, don’t hesitate to get in touch.
2. What happens when an employee is on a phased return?
It is common for an employee to return to work on a phased basis after a period of sickness absence. This commonly involves working reduced hours or a reduced number of days, to allow for a gradual re-integration. Under the old regime, if employees returned on a phased basis, (e.g. Mon, Wed, Fri) SSP was not triggered due to the waiting days (e.g. it was not triggered for the Tues as there was not 3 waiting days prior).
However, with the current SSP regime and the removal of the waiting days, there will be a requirement to pay SSP during such a phased return, for example on the Tuesday and the Thursday in the above example. The position does differ where the employee returns for their full number of days but with reduced hours on those days. A period of incapacity for work under the SSP regime is a whole day so there is no requirement to pay SSP if the employee is usually full time and returns for 4 hours every day, as there are no full days of absence to trigger the SSP requirement.
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We’re here to help with any questions or concerns you may have. Whether you need expert advice or would like an initial conversation about our services, pricing, or the options available, please don’t hesitate to get in touch. At Refreshing Law, what sets us apart from other law firms is that you’ll get to speak to an experienced employment lawyer right from the very first call.
lreynolds@refreshinglawltd.co.uk
Lousha Reynolds
Refreshing Law