Pulling a sickie: the legal implications

28 May 2026

Who doesn’t love a holiday, lounging in the sun with a good book and without a care in the world?

Most employees only have limited holiday time each year, but some may find it too tempting to book a last-minute discount flight even when they have no annual leave left.

While you might not see the harm in calling in sick, taking Statutory Sick Pay (SSP) and letting the holiday go on, this can have some dire consequences within the workplace and even with the law.

What is the law around sick leave?

Since April 2026, there have been changes to the way sick leave is awarded under the Employment Rights Act 2025. The key changes are:

• Day one payments – the three-day waiting period has now been scrapped, so SSP must be paid from day one
• Removal of earnings threshold – the Lower Earnings Limit (LEL) has been abolished, meaning that lower-paid workers are now entitled to sick leave
• New calculations – SSP is now calculated as the lower of 80 per cent of a worker’s average weekly wage, or the standard rate of £123.25

To claim SSP, employees must notify the workplace as soon as possible. Employers do not need to ask the employee for a ‘fit note’ unless the employee is off work for longer than seven days.

Sick leave should be used when you are genuinely ill or injured and would benefit from time away from work to recover.

Legal implications of claiming sick leave while on holiday

While claiming to be sick when you’re going on holiday isn’t illegal, there can be some legal implications of receiving SSP when you’re not actually ill.

Knowingly claiming SSP when you aren’t ill is classified as fraud under the Fraud Act 2006.

Specifically, it is viewed as fraud by false representation.

If this is discovered, you could have to repay any SSP you were not entitled to and if your company offers occupational sick pay, you may have to pay that back as well.

What are the employment consequences of claiming sick pay while on holiday?

The most common practice of disciplinary action in this case is dismissal for gross misconduct. Employers treat the abuse of SSP as an example of clear dishonesty and a breach of trust. This is one of the strongest grounds for dismissal.

If you are dismissed from your job, you definitely won’t be able to afford to go on your jollies, so you will need to find other ways to spend your new free time.

Can I go on holiday while on sick leave?

Employees can choose to take annual leave even if they are off sick, but there are a few conditions to this.

A holiday must not contradict the reason that you are off sick – you can’t be going skiing while off sick for a back injury.

The holiday also must not delay your recovery. If you’re relaxing on a beach while overcoming a craniotomy, that should be fine, provided you let your employers know beforehand that you’ll be going.

If you are concerned that your holiday may be seen as fraud, it is worth seeking professional legal advice.

Going on holiday is a good chance to recharge.

However, you should make sure you have enough annual leave to do so or you could be getting back to the arrivals lounge with no job.

If you have any questions about your right to annual leave and SSP, get in touch with our team and they can advise you on the best practices.

Contact our expert team to see if your holiday is fraud or fine!