TWP Accountants are urging employers across Weybridge to review their hiring and management practices following the introduction of new “day one” employment rights, which came into force on 6 April 2026.

The changes, courtesy of the Employment Rights Act 2025, mean that several key protections now apply from the very start of employment, removing the buffer period that many businesses previously relied on.

Paul Hawksley, Managing Partner at TWP, says many employers may be underestimating the impact these changes have on their business.

“From a business owner’s perspective, the biggest change is how exposed those first few weeks of employment now are. There is a tendency to treat probation as a low-risk period, but that is no longer something employers can rely on,” said Paul.

The updated rules give employees the ability to request flexible working from day one, alongside stronger protections linked to pregnancy, family leave, bereavement and certain dismissal scenarios.

Paul adds that the change is already prompting questions from business owners.

“We are seeing clients feeling slightly blindsided, particularly when it comes to flexible working. Managers are used to having time to assess how the individual handles their responsibilities in an office environment before these requests to work from home or alter their working hours come in.

“Now they need to be ready to deal with requests from the new employees in their first week, if not first day, of employment and give a proper, documented response.

“To make these conversations easier, it can be worth discussing expectations in the hiring process to reduce issues or confusion once they start.”

Paul warns that informal handling of early issues is one of the biggest risks.

“A common scenario is where a new starter is not quite the right fit and the employer decides to part ways quickly without much process.

“In the past, that might not have led anywhere. Now, depending on the circumstances, that decision can be challenged if it links to one of these protected areas.

“Six months’ probation passes quickly in a lot of working environments. Employers need to be far more deliberate during that period if they have concerns about a new starter,” said Paul.

“As a rule of thumb, there should be a proper review at around three months. If there are any concerns, they need to be clearly set out at that stage, with time for the employee to respond and improve.

“By around the five-month mark, there should be a clear decision on whether employment will continue. Leaving it too late risks the employee passing the threshold, which can make matters more difficult if the relationship has already broken down.”

The introduction of these rights places greater emphasis on having clear documentation and consistent processes in place.

“It comes back to the basics. Contracts should be issued and signed either before or on the day the employee starts.

“Policies should be clear and updated to include new rules on sick pay, paternity leave, parental leave, bereavement leave and other areas as soon as possible, if they have not already been handled.

“It’s also really important to keep a written record of all discussions and decisions. Those are the things that make a difference if a situation is challenged, as they act as your supporting evidence.”

Businesses are encouraged to review contracts, policies, onboarding materials and internal procedures, and to ensure that those responsible for managing staff understand the implications of the Employment Rights Act.

“Most businesses are not intentionally trying to avoid altering their policies and procedures to comply with the Employment Rights Act. They just have not had to think about the first day of employment in this level of detail before,” said Paul.