The phrase “day-one rights” got a lot of use while the Employment Rights Bill went through Parliament, and not all of it survived into the Act. Unfair dismissal, for example, was going to be a day-one right and ended up at six months. This page lists what an employee actually has from the first day in 2026/27, and what still depends on length of service.
It covers employees in England, Wales and Scotland. Northern Ireland has its own employment law, though the SSP changes apply UK-wide.
Rights from day one
| Right | Since | Notes |
|---|---|---|
| Written statement of terms | 6 April 2020 | Must be given on or before the first day |
| Statutory Sick Pay from the first day of sickness | 6 April 2026 | No waiting days or earnings limit; lower of £123.25 or 80% of earnings |
| Paternity leave (1 or 2 weeks) | 6 April 2026 | For children born or placed from 6 April 2026 |
| Unpaid parental leave (18 weeks per child) | 6 April 2026 | Up to the child’s 18th birthday, usually max 4 weeks a year |
| Request flexible working | 6 April 2024 | 2 requests a year; decision within 2 months |
| Statutory annual leave | Long-standing | 5.6 weeks, capped at 28 days; 12.07% accrual for irregular hours |
| Protection from discrimination | Long-standing | Equality Act 2010 |
| Automatically unfair dismissal reasons | Long-standing | Whistleblowing (including sexual harassment reports from April 2026), pregnancy, asserting statutory rights and more |
| Maternity leave (up to 52 weeks) | Long-standing | Pay has a service test; leave does not |
| Time off for antenatal care | Long-standing | Paid |
Rights that need service
| Service | Right | Change in 2026/27 |
|---|---|---|
| 1 month | Statutory minimum notice from the employer: 1 week | None |
| 26 weeks by the 15th week before the due week | Statutory maternity and paternity pay (and adoption pay, by matching) | None — leave is day one, pay is not |
| 6 months | Ordinary unfair dismissal; written reasons for dismissal | From 1 January 2027 (was 2 years) |
| 2 years | Statutory redundancy pay; notice rises to 2 weeks | Weekly pay cap £751 and maximum £22,530 from 6 April 2026 |
| 3 to 12 years | Notice rises by 1 week per complete year, up to 12 weeks | None |
The staff dates tool works out each of these dates per person from the start date.
A new starter’s first two years
For someone starting on Monday 2 November 2026 (England and Wales), the dates fall like this:
| Date | What starts |
|---|---|
| 2 November 2026 | Day-one rights: written statement, SSP, paternity and parental leave, flexible working request |
| 1 December 2026 | One month’s service: statutory notice of one week |
| 1 May 2027 | Six months’ service: ordinary unfair dismissal protection and written reasons for dismissal |
| 2 May 2027 | 26 weeks’ service (relevant to statutory maternity, paternity and adoption pay) |
| 1 November 2028 | Two years: statutory redundancy pay; notice rises to two weeks |
The 26-week date for family pay is measured differently in practice — it must be reached by the 15th week before the expected week of childbirth — so the date itself is a guide rather than a deadline.
Paternity leave versus paternity pay
This is the distinction most likely to trip up a small employer in 2026/27. Since 6 April 2026, section 16 of the Employment Rights Act 2025 removed the qualifying service for paternity leave. A new starter whose partner gives birth in their second week can take one or two weeks of paternity leave, with the usual notice (the due date 15 weeks ahead where possible, and 28 days’ notice of the leave dates).
Statutory paternity pay did not change. To get it the employee needs 26 weeks’ continuous employment by the end of the 15th week before the baby is due, and average earnings of at least £129 a week. So the new starter can take the leave unpaid, unless your contract pays more.
Parental leave
Unpaid parental leave is also day-one since 6 April 2026. Each parent can take up to 18 weeks per child before the child’s 18th birthday, normally in whole weeks and no more than 4 weeks a year per child. They give 21 days’ notice. You can postpone for up to six months if the business would be seriously disrupted, by writing within 7 days of the request — but not when the leave is to be taken straight after a birth or adoption.
Flexible working
The right to request flexible working became a day-one right on 6 April 2024. Employees can make two requests in any 12 months; you must consult before refusing and decide within two months. You can refuse only for one of eight business reasons. The Employment Rights Act 2025 will add, during 2027, a requirement that a refusal is reasonable and explained — no commencement regulations had been made for that by 25 October 2026.
SSP from the first day
SSP is now due from the first qualifying day of sickness, even for a one-day absence, and for staff on any level of pay. Low earners receive 80% of average weekly earnings if that is less than £123.25. See SSP changes April 2026.
Coming later
- Bereavement leave, including pregnancy loss before 24 weeks — planned for 2027.
- Guaranteed hours, reasonable shift notice and pay for cancelled shifts for zero and low-hours workers — planned for 2027, timing under consultation.
- Stronger dismissal protection for pregnant women and new mothers — planned for 2027.
The key dates page shows the status of each.