Day-One Employment Rights Explained: The Employment Rights Act 2025

The Employment Rights Act 2025 is the biggest shake-up of UK employment law in a generation, and its April 2026 wave introduced several day-one rights. Here's what changed and what you should do about it.

What are 'day-one' rights?

A day-one right is an entitlement an employee has from their very first day, with no qualifying period of service. Historically, several rights only kicked in after weeks or even years of employment. The Employment Rights Act 2025, which received Royal Assent on 18 December 2025, removes a number of those qualifying periods.

What changed in April 2026?

A wave of reforms took effect on 6 April 2026. The headline changes affect sick pay and family leave.

Statutory sick pay

• Sick pay is now payable from the first day of absence — the three 'waiting days' are gone
• The lower earnings limit has been removed, so SSP is available regardless of how much an employee earns
• Lower earners receive the lower of the flat rate or a percentage of their average weekly earnings

Family leave

• Paternity leave is now a day-one right, with no qualifying service
• Unpaid parental leave is also a day-one right
• A new bereaved partner's leave entitlement was introduced alongside these changes

Stronger enforcement

A new Fair Work Agency began operating in April 2026, consolidating enforcement of workplace rights with powers to investigate employers, require information and issue penalties. Separately, the maximum protective award for failing to consult on collective redundancies doubled to 180 days' pay per affected employee.

What's still to come?

The Act is being phased in through 2026 and 2027. The most significant reform still ahead is to unfair dismissal: the qualifying period is expected to fall from two years to six months, with changes anticipated in 2027. Businesses should factor this into workforce planning now.

Frequently asked questions

Do day-one rights apply to casual or zero-hours workers?

The day-one entitlements apply based on employment status and continuity of service, not contract type alone — zero-hours workers who meet the qualifying conditions are covered the same as any other employee.

Do I need to update existing employees' contracts, or only new hires?

The changes affect statutory entitlements regardless of when someone started, so existing staff benefit from the new day-one rights too — it's your policies and any contract wording referencing old qualifying periods that need updating.