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

According to a government statement this represents “the biggest upgrade in employment rights for a generation”. And promises to “give the British public the work, wages, prosperity, security, dignity, and living standards that everyone in Britain needs and deserves.”

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.

What will the Bill include and how will it impact people with MS?

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

Improvements to Statutory Sick Pay (SSP)

Many people with MS need to 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 current rules around SSP mean that:

• people don’t have access to SSP when they first start a job
• the first three days of an absence are also not covered by SSP. So people aren’t covered for shorter periods of sickness absence, and experience 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) aren’t eligible for SSP, due to the Lower Earnings Limit

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

• make SSP 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 by removing the Lower Earnings Limit

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 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.

What’s still missing from the Employment Rights Bill?

There are still three key things we think the government should do to ensure the Bill 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.

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

What happens next?

We’ll continue to advocate for policy change through conversations we’ve secured 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 Bill starts to be discussed in the House of Commons.

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 Bill passes through Parliament.

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 2025.

Our Head of Policy, Ceri Smith, said: 

"The Employment Rights Bill presents a welcome step towards tackling workplace discrimination and improving inclusive employment in the UK.

Positive measures in the Bill – like expanding access to Statutory Sick Pay and making flexible working the default for all – will help address some of these challenges. The UK Government must now show strength and leadership by delivering these core parts of the Employment Rights Bill in full.

We would also like to see the Bill go further to ensure that no one has to make the devastating choice between sacrificing their health and financial hardship."

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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