Although the Employment Rights Act received Royal Assent in December 2025, most of its reforms were only phased in as of 6 April 2026, with more to follow in 2027.

The Act introduces various altered rights and protections from day one of employment, many of which impose an additional financial and administrative burden on employers.

What is a “day-one right”?

Day-one rights are fairly self-explanatory in that they are rights an employee is given from day one on the job.

Instead of relying on a patchwork of qualifying periods, which can make it difficult to track which employees are entitled to which rights, the Employment Rights Act 2025 makes most employment rights available from day one.

Reminder of the new day-one rights for employees

The rights that are now applicable from day one include:

• Bereavement leave
• Parental leave (removing the previous one-year service period)
• Paternity leave (removing the previous 26-week service period)
• Right to request flexible working arrangements

The right to request flexible conditions like remote or hybrid working does not guarantee the request will be approved, as the employer is still entitled to reject it if they believe that there are specified business grounds for doing so, and if it is reasonable for the employer to refuse the request on that basis.

There has also been a change to statutory sick pay (SSP), in which the employee is now paid from the first day of illness rather than the fourth. The Lower Earnings Limit (LEL) has also been removed, meaning lower-paid employees are now eligible.

Other changes to be aware of

In addition to expanding day‑one rights, the Employment Rights Act 2025 introduces several wider reforms that employers need to prepare for.

These include updated rules on parental redundancy protection, strengthened protections for whistleblowers and changes to how working time and holiday entitlement are calculated.

In 2027, reforms are expected to include changes to zero‑hour contracts and the introduction of mandatory gender-pay-gap action plans.

What employers should have in place from day one

The handle day one rights properly, employers should ensure the basics are covered, including:

• Updating contracts based on new regulations and issuing them before or on the start date
• Draft a flexible working policy that is clear for all employees
• Update the Sickness Absence Policy to remove the three-day waiting period
• Remove the service requirements for parental/paternity leave from Family Leave Policies
• Train managers on handling early employment issues

Employers will also need to review their onboarding processes, HR documentation and internal workflows to ensure they reflect the new statutory framework.

Failing to update policies could leave organisations exposed to avoidable disputes or claims, particularly as employees become more aware of their enhanced rights from the moment they start work.

Speak to our expert team to discover more about the impact of the Employment Rights Act.