Your Day-One Employment Rights (April 2026)

What changed: From April 2026, Statutory Sick Pay (SSP) is payable from the first day of sickness. The previous 3 "waiting days" (during which no SSP was paid) have been removed. The lower earnings limit has also been abolished — previously, employees earning below £123 per week were not entitled to SSP at all.

Who it affects: All employees, including part-time workers, zero-hours contract workers, and those on low earnings who were previously excluded. This is particularly significant for workers in hospitality, retail, and the gig economy.

What to do if your employer is not complying: If your employer refuses to pay SSP from day 1 or claims you do not qualify because of your earnings, put your request in writing citing the Employment Rights Act 2025. If they still refuse, you can contact HMRC's SSP dispute line or report the issue to the new Fair Work Agency. Keep records of all sickness absences and any communications with your employer.

What changed: Paternity leave is now available from day one of employment. The previous requirement of 26 weeks' continuous service has been removed. Eligible employees can take 1 or 2 weeks of paternity leave, paid at the statutory rate.

Who it affects: Fathers, partners, and civil partners of someone who is having a baby, adopting, or having a child through surrogacy. This is especially beneficial for employees who have recently started a new job.

What to do if your employer is not complying: Write to your employer confirming your entitlement and citing the change in law. If they refuse, this may amount to an automatically unfair dismissal ground if they dismiss you or subject you to a detriment for requesting leave. Contact ACAS for early conciliation if necessary.

What changed: Unpaid parental leave (up to 18 weeks per child, taken in blocks of up to 4 weeks per year) is now a day-one right. The previous requirement of 1 year's service has been removed.

Who it affects: All parents of children under 18. This allows new employees to take unpaid time off to care for their children without waiting a year.

What to do if your employer is not complying: Submit a written request giving 21 days' notice. Your employer can postpone the leave for up to 6 months for business reasons, but they cannot refuse it entirely. If they do, seek advice from ACAS.

What changed: A new entitlement to paternity leave where the mother or primary adopter dies within 52 weeks of the birth or placement. The surviving partner can take the remaining maternity or adoption leave, ensuring the child has a parent at home during the critical first year.

Who it affects: Partners, fathers, and civil partners who lose their partner during or shortly after pregnancy, birth, or adoption.

What to do if your employer is not complying: This is a statutory right. Write to your employer explaining the circumstances and your entitlement. If they refuse, contact ACAS immediately — time limits for tribunal claims still apply.

What changed: The Fair Work Agency (FWA) is a new state enforcement body established under the Employment Rights Act 2025. It began operating in April 2026. The FWA can investigate employers and enforce compliance with employment rights — including holiday pay, SSP, and agency worker regulations — without the worker having to bring a personal tribunal claim.

Who it affects: All workers, but particularly those in vulnerable employment situations who may be reluctant to bring individual claims for fear of retaliation. The FWA acts on behalf of workers and can impose penalties on non-compliant employers.

What to do if your employer is not complying: You can report non-compliance directly to the Fair Work Agency. You do not need a solicitor. The FWA has powers to investigate, issue compliance notices, and impose financial penalties on employers who breach employment rights.

What changed: Whistleblower protections under the Public Interest Disclosure Act 1998 are extended to cover reporting of sexual harassment. Workers who report sexual harassment in the workplace are now explicitly protected from dismissal and detriment.

Who it affects: Any worker who reports or raises concerns about sexual harassment, whether they are the victim or a witness. This closes a gap where workers who reported sexual harassment internally or externally were not always protected as whistleblowers.

What to do if your employer is not complying: If you have been subjected to a detriment or dismissed for reporting sexual harassment, you may have both a whistleblowing claim and a discrimination claim. Contact ACAS to start early conciliation — remember, whistleblowing claims have no compensation cap and no qualifying service requirement.

What changed: The maximum protective award for failure to consult on collective redundancies has been doubled from 90 days' pay to 180 days' pay. Employers who propose to dismiss 20 or more employees at one establishment within 90 days must consult with employee representatives. If they fail to do so, the tribunal can now award up to 180 days' pay per affected employee.

Who it affects: Employees affected by large-scale redundancies where their employer failed to follow the proper collective consultation process. The increased penalty is designed to deter employers from cutting corners on consultation.

What to do if your employer is not complying: If you are being made redundant as part of a group of 20 or more and your employer has not consulted with employee representatives, you may be entitled to a protective award. Contact ACAS or a solicitor specialising in employment law. Claims must be brought within 3 months of the last dismissal taking effect.

This guide provides general legal information about UK law and is not legal advice. Laws and regulations change, and individual circumstances vary significantly. For advice specific to your situation, you should consult a qualified solicitor.

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