Employment Law Update: Understanding the 2026 “Day One” Rights

By Jeremy Parkinson, Partner and Head of Employment Team

Employment law is constantly evolving, and April 2026 marked one of the most significant changes to workplace rights in over a decade.

Following Royal Assent of the Employment Rights Act 2025, a number of new employment protections came into force in April 2026, introducing expanded “day one” rights for employees and placing new responsibilities on employers.

With further employment law changes coming into effect later this year and the qualifying period for ordinary unfair dismissal protection reducing to six months from January 2027, now is a useful time for employers to review how the April changes have been implemented and consider what is coming next.

For many businesses, the changes are less about dramatic legal upheaval and more about ensuring that policies, processes and management practices reflect the new legal landscape.

What Are "Day One" Rights?

“Day one rights” refer to employment protections that apply from the moment an employee starts work, removing previous qualifying periods of service.

Several key reforms introduced in April 2026 now mean that employees gain important statutory entitlements immediately upon joining an organisation.

Statutory Sick Pay (SSP) Changes

One of the most practical changes for employers has been the reform of Statutory Sick Pay (SSP).

Employees are now entitled to SSP from the first day of illness, following the removal of the three-day waiting period. In addition, the Lower Earnings Limit has been abolished, meaning lower-earning employees who previously fell outside eligibility are now covered.

SSP is payable at £123.25 per week or 80% of normal weekly earnings, whichever is lower.

For employers, this change has primarily affected payroll administration and absence management procedures.

Paternity Leave and Unpaid Parental Leave

Qualifying service requirements have also been removed for:

Employees can now request these forms of leave from the very start of employment. In practice, this means organisations may receive family-related leave requests much earlier in an employee’s tenure than previously expected.

Clear communication and consistent handling of requests are now more important than ever.

Bereaved Partner's Paternity Leave

A new entitlement has also been introduced, providing up to 52 weeks of unpaid leave for employees who lose their partner during the first year of their child’s life.

This reform reflects a broader shift towards compassionate employment practices, recognising the importance of supporting employees during exceptionally difficult circumstances.

Unfair Dismissal: What Employers Need To Know Next

While early proposals suggested unfair dismissal protection would become a full “day one” right, this was ultimately not implemented.

Instead, from 1 January 2027, the qualifying period for ordinary unfair dismissal claims will reduce from two years to six months’ service.

Although this change is still forthcoming, employers should already be reviewing how probation periods are managed. The shorter qualifying period means businesses will need structured onboarding, regular performance reviews and well-documented decision-making during an employee’s first six months.

What These Changes Mean In Practice

For most employers, compliance is less about major operational change and more about ensuring existing documentation and internal practices remain accurate and fair.

Businesses should now ensure that:

Employment disputes often arise not from intentional wrongdoing, but from outdated policies or inconsistent processes. Taking time to review these areas can significantly reduce risk while supporting a positive workplace culture.

A Supportive, Preventative Approach

At Owen White Catlin, we believe employment law works best when it provides clarity and confidence for employers as well as protection for employees.

These reforms are an opportunity for organisations to move away from reactive HR practices and towards clear, transparent systems that support both business stability and employee wellbeing.

Regular reviews of employment documentation, policies and management training can help prevent issues before they arise, saving time, cost and stress in the long term.

How We Can Help

If you would like reassurance that your employment contracts, policies or procedures reflect the latest legal requirements, our employment law team can help.

We provide practical, straightforward advice tailored to your business, whether you require a one-off review or ongoing employment law support.

Contact Owen White Catlin’s Employment Law team today to discuss how we can support your organisation with confidence.