First published on Tuesday, January 13, 2026
Last updated on Wednesday, January 14, 2026
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Thanks to the Employment Rights Act 2025, day one rights have been pushed into the spotlight. With more day one rights on the horizon, our guide explains what your employees are entitled to.
What is a day one right?
The definition of a day one right is simply a protection or employment entitlement that covers employees from the very first day of employment.
When does an employee’s employment begin?
In this context, the first day of employment is the first day the employee starts working for your business. This is often listed on a job offer letter and is an essential element of their employment contract.
There are several day one rights that apply to all workers (or will apply to workers over time) in the UK including:
Day one rights introduced by the Employment Rights Act 2025:
Statutory Sick Pay (SSP)
Paternity and Parental Leave
Bereavement Leave
Additional family protections for pregnant workers and new mothers
On the new day one rights, Keir Starmer said “We’re delivering a modern deal for workers. Stronger sick pay, parental leave from day one, and protections that put dignity back at the heart of work. Because when we respect and reward those who keep Britain running, we build a stronger economy for everyone.”
Existing day one rights:
Some day one rights are already in place, and should be outlined by your employment contracts, this includes:
Entitlement to the National Minimum Wage
Protection from Discrimination
Protection for whistleblowers
New day one rights in 2026
The new day one rights being implemented throughout 2026 and 2027 are important to be aware of as they will require major changes to your HR policies and procedures. This includes updating documents such as your various absence policies.
Statutory Sick Pay (SSP)
Before the implementation of the Employment Rights Act 2025, SSP was only paid to eligible employees after three days of sickness; however, this will change. From April 2026, employees will be paid from the very first day of sickness absence. This is also combined with the removal of the Lower Earnings Limit (LEL).
Day one rights for Paternity and Parental Leave
From April 2026, paternity and parental leave rights will come into effect. Allowing an estimated 32,000 more fathers each year to take paternity leave from the very first day of their employment with a business.
This change to employment law allows for greater flexibility for new parents as they navigate the often financially challenging time of welcoming a new baby to the family.
In addition to these changes, The Bereaved Partner’s Paternity Leave Regulations 2026 provided bereaved fathers eligibility to up to 52 weeks of leave if their partner dies before their child’s first birthday.
Is unfair dismissal protection a day one right?
It’s important to note that despite an ongoing back and forth with the House of Lords, unfair dismissal protection will not become a day one right in the UK.
However, the decision was to reduce the qualifying period from 2 years to 6 months. This U-turn allowed the bill to be passed in December 2025. However, plans for these changes are not expected to come into effect until 2027.
More on the changes being implemented by the Act can be found in our Employment Rights Act 2025 guide.
Preparing your business for changes to UK employment laws
Ahead of these changes coming into effect and as they are implemented there are several steps you must take to ensure they are compliant with new employment laws:
Review current policies and procedures to spot inaccuracies
Update your HR policies
Seek professional HR advice
Inform your employees of these major changes and updates to their entitlements
Future proof your business with the support of HR experts at BrightHR
The Employment Rights Act 2025 is being implemented throughout 2026 and 2027. With some of the very first changes taking effect from as early as April 6th.
Once fully implemented, it is estimated that changes to policies imposed by the Act will cost businesses both time and money. Not only will small business owners need to understand their new responsibilities and the risks of failing to comply with new laws, but the changes also require businesses to write new policies and update existing procedures.
As mentioned above, there are several steps to take to ensure that you comply. And while this may seem daunting, there is help available to you.
At BrightHR not only is the BrightAdvice HR advice line open 24/7 for urgent queries and support, but we also help businesses by providing over 600 HR policy templates and an AI chatbot for instant answers to your HR and H&S questions. Book a free demo to discover these features and many more from BrightHR.
