# The Employment Rights Act 2025 (Commencement No. 3 and Transitional Provisions) Regulations 2026, Regulation 4: Transitional provision in relation to employees whose normal weekly earnings are between £125 and £154.05 before 6th April 2026


(1) This regulation applies to an employee—
(a) whose period of entitlement begins on or before 5th April 2026 and has not terminated before 6th April 2026,
(b) for whom, in respect of at least one qualifying day which falls on or before 5th April 2026 and within that period of entitlement, statutory sick pay is payable in accordance with section 151(1) of the 1992 (GB) Act or 147(1) of the 1992 (NI) Act (as the case may be) as it is in force immediately before 6th April 2026, and
(c) whose normal weekly earnings are—
(i) not less than £125, and
(ii) not more than £154.05.
(2) Subject to paragraph (3) and Part 11 of the 1992 (GB) Act or Part 11 of the 1992 (NI) Act (as the case may be), the employee is eligible for statutory sick pay in respect of any part of their period of entitlement which falls on or after 6th April 2026 (the “protection period”).
(3) Where—
(a) the employee’s period of incapacity for work terminates on or after 6th April 2026,
(b) the employee has a subsequent post-6th April period of incapacity for work, and
(c) section 152(3) of the 1992 (GB) Act or section 148(3) of the 1992 (NI) Act (as the case may be) applies to the periods described in sub-paragraphs (a) and (b),
the employee’s protection period does not include that subsequent post-6th April period of incapacity for work.
(4) Section 157 of the 1992 (GB) Act, or section 153 of the 1992 (NI) Act (as the case may be) has effect in respect of the protection period as if, for paragraph (1), there were substituted—
“(1) Statutory sick pay shall be payable by an employer at the weekly rate of £123.25.”.

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Source: https://www.legislation.gov.uk/uksi/2026/373/regulation/4 (the official version)
Page: https://openlegislation.uk/employment-rights-act-2025-commencement-no-3-and-transitional-provisions-regulations-2026/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.