Sick Leave During Probation in the UK: Your Rights

The short answer. Being on probation does not change your right to Statutory Sick Pay: you are paid from your first full day off if you meet the usual conditions. What probation can affect is job security. Ordinary unfair dismissal normally needs 2 years' service, but dismissal because of a disability may be unlawful discrimination from day one.

Sick pay during probation

Acas is direct on this: probation periods do not affect eligibility for statutory sick pay, and you must get the sick pay you are entitled to. There is also no longer a minimum earnings level or a run of waiting days, so a new starter on modest hours who is off for a single day can qualify.

Your employer usually works out SSP from your average earnings over 8 weeks. If you have not been paid for 8 weeks yet, you still qualify. To qualify you need to have done some work for the employer.

Company sick pay is a separate matter. Check what your contract says about sick pay above the statutory amount, and whether it applies during probation. Whatever the scheme says, you cannot be paid less than SSP. The full rules are in our statutory sick pay 2026 guide.

Reporting sickness as a new starter

Follow your employer's reporting process from the start, even if you have not been through an induction. If no deadline has been set, you have 7 days to tell your employer. For the first 7 days you self-certify; after more than 7 days in a row your employer can ask for a note. Clear, prompt reporting is the simplest way to avoid questions later. Our full guide to sick leave rights walks through each stage.

Can you be dismissed while on probation and off sick?

Probation itself is a contractual arrangement. Its length, how it is reviewed and whether it can be extended come from your contract and your employer's policies, so start there.

What the law adds is this. To bring an ordinary unfair dismissal claim you normally need 2 years' continuous service (1 year in Northern Ireland). That was still the rule on 27 October 2026. Most people on probation have far less, so a dismissal during probation is not usually something they can challenge as ordinary unfair dismissal.

The Employment Rights Act 2025 will change this. The qualifying period is scheduled to fall to 6 months for dismissals from 1 January 2027. If your probation runs longer than 6 months, that change could matter to you.

Disability protection starts on day one

Discrimination law does not need any length of service. Under the Equality Act 2010 you are disabled if you have a physical or mental impairment that has a substantial and long-term adverse effect on your normal day-to-day activities. Long-term means it has lasted, or is likely to last, at least 12 months. People with cancer, HIV or multiple sclerosis are covered from the day of diagnosis.

If that applies to you, dismissing you because of your disability may be unlawful, and your employer has a duty to make reasonable adjustments. Acas gives the example of not counting some or all disability-related absence towards absence trigger points. More on this is in our guide to being dismissed while off sick.

Where this applies. The dismissal and disability points on this page apply in England, Scotland and Wales. The Equality Act 2010 does not apply in Northern Ireland, and the unfair dismissal qualifying period there differs. This is general information, not legal advice: if you think a decision about your probation is unfair, speak to Acas or an employment adviser.

Practical steps if you are ill early in a new job

Report your absence the way your employer asks, and keep a copy of what you sent
Read the sickness and probation sections of your contract or handbook
If you are off for longer than a week, have your evidence ready. A private sick note from a UK doctor is one option your employer can choose to accept
If your condition is long-term, tell your employer what would help you work, so adjustments can be considered
Ask for any probation review to take your absence and its cause into account

Common questions

Do you get sick pay on probation?

Yes, if you meet the normal SSP conditions. Acas says probation does not affect eligibility for statutory sick pay. You get £123.25 a week or 80% of your average weekly earnings, whichever is lower, from your first full day off.

Can you be fired for being sick during a probation period in the UK?

An employer can end employment during probation, and with less than 2 years' service an ordinary unfair dismissal claim is not normally available. But dismissing you because of a disability may be unlawful discrimination, and that protection applies from your first day.

How many times can you call in sick on probation?

There is no fixed number in the SSP rules: you qualify each time you meet the conditions, up to the 28-week maximum. Your employer's absence policy may use trigger points to decide when to review attendance.

Can you fail probation for being sick?

How probation is assessed is set by your contract and your employer's policies. If your absences are linked to a disability, your employer should consider reasonable adjustments, which Acas says can include not counting disability-related absence towards trigger points.

Do I need a sick note if I am off sick during probation?

The same rules apply as for any employee. You self-certify for the first 7 days, and after more than 7 days in a row your employer can ask for a fit note.

Need evidence for a longer absence?

A GMC-registered UK doctor reviews your online questionnaire and issues a private sick note if it is clinically appropriate. No appointment needed.

Request a sick note

Assessed by a GMC-registered UK doctor. Full refund if a note cannot be issued on clinical grounds.

Sick leave during a probation period in the UK