The Employment Rights Bill is a moment to celebrate – but the work is not done

The passing of the Employment Rights Bill this week is huge progress for disabled workers in the UK. Thanks to tireless campaigning by unions, charities and people across the country, we’re now one step closer to creating a fairer and more inclusive workplace for disabled people.  

The Employment Rights Bill brings forward long-awaited and urgently needed reforms to statutory sick pay (SSP). This will finally put to bed some historic injustices, which many disabled people – including those with multiple sclerosis (MS) – have been subjected to for years. 

MS is a debilitating, exhausting and unpredictable condition affecting over 150,000 of us in the UK. Most people are diagnosed in their 30s and 40s, often at the peak of their working lives. MS symptoms – which include mobility issues, fatigue and cognitive problems – are highly changeable and get progressively worse over time. This means the condition can significantly impact a person’s ability to work, and that they rely on periods of sick leave to manage their symptoms.

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Being able to access the right financial support while off work enables people with MS to stay in work longer. This is because they can manage their symptoms and recover from ill health without the prospect of unjust financial strain. But, until now, lower earners have been blocked from receiving SSP, and those who are eligible do not get paid for the first three days they are off sick. Also, because the rate of SSP is so low, people are often forced to make the impossible choice between risking their health to remain in work, or taking sick leave and facing financial hardship. 

The Employment Rights Bill will address two of these three injustices by expanding access to sick pay for lower earners and scrapping the nonsensical three-day waiting period. This will be especially beneficial to people with conditions like MS, who are more likely to need to take regular, shorter absences due to fluctuating symptoms.   

The government now need to show the strength and leadership to implement and enforce these changes as swiftly as possible. And must crack down on employers who don’t fulfil their new legal obligations.  

But this still isn’t enough to modernise the UK’s outdated sick pay system. People with MS should not have to choose between their health and their financial security. The current rate of SSP is still just £116 a week. This is nowhere near enough to cover basic living costs, let alone the extra costs that people with MS face.

The stories we’re hearing from our community are devastating. A few years ago, Amy was working in a school when she went through a particularly bad MS relapse where she lost the ability to walk and talk. SSP didn’t cover her rent and basic living expenses, so she felt forced to return to work when she could still barely walk. Amy now believes she has done long-term damage to her health by not having adequate time to recover. 

The government has declared its commitment to boosting employment for disabled people. So it should have a vested interest in supporting people to protect their health and improve their chances of maintaining employment long term. In fact, our recent research with the Work Foundation found that over a quarter of people with MS who had left work (26%) said that better sick pay would have helped them stay in their job.

To properly strengthen sick pay, the government must raise the rate of SSP to keep up with the national living wage. People must be able to cover their basic living costs while on sick leave, and cannot feel forced to compromise their health by going back to work when they need time off.   

At the MS Society we’ll continue to back the Safe Sick Pay campaign, and call for the government to do right by raising the rate of SSP. 

This is a moment to celebrate, but we must acknowledge that the work is not done. People with MS now have an improved set of rights and protections to ensure they are more fairly treated in employment. But to truly help disabled people live more independent and fulfilling lives, the government must strengthen the rate of SSP and firmly enforce these new rights – before more people like Amy pay the price.  

Find out more information, including to get involved.

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