What will the Employment Rights Bill mean for people with MS?

From 6 April, the previous 3 day waiting period to qualify for SSP will be gone - so people can now claim SSP from the first day of their absence. The Lower Earnings Limit will also be removed, meaning access to SSP is no longer shut off for those on lower salaries. Regardless of salary, if you are employed you will now be able to claim SSP.

In response Ross Barrett, our Policy Manager, said:

Access to Statutory Sick Pay (SSP) is vital for people with debilitating, exhausting and unpredictable conditions like MS. It can be the difference between staying in work and being forced out of employment altogether. We welcome these vital reforms to SSP, which bring us closer to creating a fairer and more inclusive workplace. It's important that disabled people know about these new rights, and businesses need to deliver on their new legal duties.

Know your rights. Make sure you are up to speed with the new legislation and in receipt of the statutory sick pay you are entitled to from April 6.

You can read on for a recap of what changes the government will now implement, what they’ll mean for people with MS, and what still needs to be done for people with MS to truly be able to thrive at work. And live more independent and fulfilling lives. 

The UK Government has more information, guidance and support on the full package of new employment rights that all workers are due from April 6.

Read more about the employment rights package 

What does the new Employment Rights Act include and how will it impact people with MS?

Since coming into power in 2024, the government have been working to bring into law their plans to modernise employment rights in England and Wales.

We know people with MS can face significant obstacles to staying and flourishing in their jobs. These issues can force people to leave work before they want or need to, or pressure them to compromise their health to stay in work.

But when people with MS can get the adjustments they need at work and the financial support they need while they’re off work, they can often better manage their symptoms, protect their health, and stay in work as a result. 

There are two key areas the new legislation covers that will impact people living with MS.

Improvements to Statutory Sick Pay (SSP)

Many people with MS need time off work to manage their health. A lot of employers offer enhanced sick pay, known as Occupational Sick Pay (OSP), but many are still wholly reliant on SSP.

The previous rules around SSP meant that:

• people may not have been able to access sick pay from day one of their  job
• the first three days of an absence weren’t covered by SSP. So people weren’t covered for shorter periods of sickness absence, and experienced an immediate drop in income when they need to take time off
• people on low salaries (earning less than an average of £123 a week) weren’t eligible for SSP, due to the Lower Earnings Limit

Provided the government deliver the Bill in full, these issues should soon be addressed. The Bill will:

• ensure SSP is available from day one on the job
• remove the waiting period for payment (so people can use SSP from the first day of their absence)
• expand access to SSP to people on lower salaries by removing the Lower Earnings Limit

These changes will create a fairer sick pay system, and especially help people with conditions like MS who are more likely to need to take regular shorter absences to manage symptoms. The benefits of these changes are also coming soon, with April 2026 the planned start date. 

Stronger rights to flexible working

We know a lot of people living with MS are concerned about their rights to flexible working when looking for a new job. 

The current rules mean someone has to be in their job for at least six months before they can apply for a flexible working arrangement. And even then, there's a lot of room for employers to deny a request.

One further major reform proposed is the move to make flexible working the default contract status for all workers. This will strengthen the rights for employees to make flexible working arrangements, right from the start of their employment.

How this is delivered and enforced in practice is still to be seen. There’ll be further consultation with the public and businesses before it’s set to come into force in 2027. But if it’s properly implemented in full, it has the potential to be transformative for people with MS.

What’s still missing from employment rights law in the UK?

There are still three key things we think the government should do to make sure the employment rights legislation better supports the health and employment prospects of people with MS.

1. Make SSP easier to use, and more useful, for people with fluctuating conditions

At the moment, SSP can only be paid for up to 28 weeks in a three-year period. Either in one period of sickness, or in several ‘linked’ periods less than eight weeks apart.

This can particularly affect people with fluctuating conditions like MS, who may need to take repeated shorter periods of time off. This can then quickly use up their allowance.

We think the government should extend the amount of time someone can claim SSP, and reform how different periods of sickness absence are linked together.

2. Make SSP more flexible

At the moment, people either have to work a full day or take the whole day off sick. This makes it hard to gradually phase a return to work after a period of sickness, or temporarily reduce hours into a period of absence when becoming unwell.

We 'd like to see SSP be paid as an hourly rate, rather than a flat day rate. So people can phase their return, or exit, from work to manage their condition.

3. Increase the rate of SSP

Right now, SSP is just £116.75 a week. This means that most people experience a large drop in income when they go onto it. This means some people are forced to use annual leave to manage periods of sickness, or go back to work early. And in our recent research with the Work Foundation over a quarter of people with MS who had left work (26%) said that better sick pay would have helped them stay in work.

We think the government should change the rate of SSP, so it’s paid in line with the National Living Wage (NLW). This will give people better financial security, and it means they don’t have to choose between their health and a decent income.

What happens next?

We’ll continue to push for policy change through conversations with the Ministers overseeing the legislation. We'll also continue to scrutinise the development of the Bill by providing parliamentarians with draft written questions and briefings for debate contributions as the new legislation starts to be rolled out across the country.

Although we'd like to see the legislation go further, a key priority is making sure the reforms proposed aren’t watered down as the plans for the implementation and enforcement of the new laws are drawn up.

But we’ll also still keep fighting for Safe Sick Pay, and for the government to do right and match SSP to the National Living Wage.

We know that the challenges people with MS face in employment go well beyond flexible working and sick pay, and the limits of this Employment Rights Bill. So we'll also be conducting more in-depth research on the barriers and enablers to work for people with MS, and sharing these findings with public and politicians alike in 2026.

This is a moment to celebrate, but the work is not done. People with MS now have an improved set of rights and protections to ensure they’re more fairly treated in employment. But only through strengthening the rate of sick pay, and strong enforcement of these new rights, will disabled people truly be better positioned to benefit, and live more independent, more fulfilling lives.

How do I get involved?

If you’ve experienced challenges in the workplace with things like reasonable adjustments, or have experience of using Statutory Sick Pay to manage your condition we want to hear from you.

Get in touch by emailing [email protected] and we can add your insights to our questions and briefings, and get your voice heard with MPs and Ministers involved in the Bill.

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This is an update to our news story originally published in October 2024 and updated in December 2025.