Managing staff sickness in hospitality: SSP, return to work and the 48-hour rule

Sickness in hospitality hits twice. There's the cost, now higher since statutory sick pay became payable from day one. And there's the 4pm phone call that leaves you a chef short for Saturday service. On top of that, kitchens have a food safety rule most other workplaces don't: someone with sickness and diarrhoea can't simply come back the day they feel better.

This guide covers SSP as it stands now, how to handle the absence itself, the food handler rule, and how to keep the rota covered.

Statutory sick pay: the rules in force now

SSP changed on 6 April 2026 under the Employment Rights Act 2025. These are the rules for absences from that date.

Who qualifies

To get SSP, the person must be classed as an employee, have done some work for you, and be off sick for at least one full working day. Employees paid for fewer than eight weeks still qualify. Agency workers may be entitled too.

A day doesn't count if they worked for a minute or more before going home sick. So a bartender who goes home poorly an hour into their shift isn't on SSP for that day; you pay them for the time worked.

Qualifying days

SSP is paid for the days the employee normally works, called qualifying days. For staff on variable rotas, agree which days are qualifying days (often the days they were rota'd to work) and be consistent.

Company sick pay

You can pay more than SSP under a contractual scheme, but never less. If your scheme was designed to top up from day four, check it still works now SSP starts on day one.

Transitional cases

If an absence started before 6 April 2026 and continued past it, special rules apply. GOV.UK has a dedicated page on these, and Acas explains the transitional protection for some lower earners.

Notification, self-certification and fit notes

• Telling you they're sick. Staff should tell you within the time limit you set, or seven days if you haven't set one. You can't insist they tell you in person or on a special form. In hospitality, set a sensible rule in your policy: phone the duty manager at least, say, three hours before the shift.
• Self-certification. For absences of seven days or fewer, staff don't need a fit note.
• Fit notes. You can ask for one only if someone is off for more than seven days in a row. You can't withhold SSP because the fit note is late.
• When SSP can't be paid. If SSP isn't due, or ends while they're still sick, you must give them form SSP1 within set time limits.

Keep records of sickness absence. HMRC may ask to see them if there's a dispute over SSP.

Food handlers: the 48-hour rule

This is where hospitality is different. The Food Standards Agency's guidance is that food handlers with diarrhoea or vomiting must be kept away from working with or around open food, normally for 48 hours after symptoms have stopped. Someone can still carry food poisoning bacteria for that long after they feel better.

What this means in practice:

• Staff must report symptoms before coming in, not mid-shift. Make that part of induction.
• "I feel fine now" isn't enough. A chef who was sick on Monday night and stopped by Tuesday morning shouldn't be back on the pass until Thursday morning.
• The rule applies to front of house too if they handle open food (plating, garnishing, ice for drinks, bread).
• Pay. If they're too ill to work, SSP and your sick pay rules apply as normal.

Our food handler sickness exclusion guide covers the other symptoms and conditions that need exclusion and how to record it.

Handling an absence step by step

1. Take the call. Note who, when, what's wrong (in general terms) and when they expect to be back.
2. Food handler? Ask about diarrhoea or vomiting. If yes, apply the 48-hour rule.
3. Cover the shift. See below.
4. Keep in touch if the absence runs longer than a few days. Reasonable contact is fine; don't pester.
5. Fit note if it goes over seven days in a row.
6. Return-to-work chat when they come back.
7. Record it. Date, length, reason, SSP or company sick pay paid, return-to-work note.

Return-to-work conversations

Acas says a return-to-work meeting isn't a legal requirement, but it's useful. Keep it short, private and supportive. Hold it before they return or as soon as possible after, and cover:

• Are they fit to come back? Any doctor's recommendations on a fit note?
• Do they need support, a phased return, or adjustments (for a disabled worker, reasonable adjustments may be a legal duty)?
• What's changed while they were away: menu, rota, procedures.

Acas has a free return-to-work meeting template.

Spotting patterns without being unfair

A run of Monday absences after Sunday shifts might be a pattern worth a conversation. It might also be a sign the Sunday close-to-Monday open turnaround is too tight. Look at the rota before you look at the person. Never use sickness records in a way that penalises disability or pregnancy-related absence; get advice if you're unsure.

Covering the rota when someone's off

The real cost of sickness in hospitality is often the scramble, not the SSP.

• Know who's available. If staff keep their availability up to date, you can see in seconds who's free and willing.
• Keep a short on-call list of people happy to pick up last-minute shifts.
• Ask, don't order, zero-hours staff. They can turn down a short-notice shift.
• Watch working time. Don't fix one gap by breaking someone's 11-hour daily rest (12 hours for under-18s).
• Republish. Make sure everyone can see the updated rota, not just the person you phoned.
• Simplify service if you must. A shorter menu with a chef down beats a slow, error-prone full menu.

A sickness absence policy checklist

• How and when to report sickness (who to call, how long before the shift)
• Food handlers must report diarrhoea and vomiting; 48-hour exclusion
• Self-certification up to seven days; fit note after that
• SSP from day one; any company sick pay on top
• Keeping in touch during longer absences
• Return-to-work chat
• How absence records are kept and used

Where ShiftComplete helps

When someone calls in sick, open the rota, see who's marked as available for that day, drag the shift to them and republish. The updated rota appears on every staff member's phone under "My rota" and can be emailed. Team announcements let you remind everyone of the sickness reporting rule and the 48-hour food handler rule without it vanishing in a group chat. Holidays are recorded so you don't call someone who's away.

If you switch on clocking in and out, you'll see hours actually worked against the rota, so a shift that ended early because someone went home sick shows up clearly, and you can download hours as a spreadsheet with a total per person for payroll. ShiftComplete doesn't calculate SSP or run payroll.

£1.49 per staff member per month, every feature included, free for 60 days with no card needed.

This guide is general information, not legal advice: for a specific case, speak to Acas or an employment adviser.