April 2026 Day-One Rights: What Changed in Your Contracts

The Employment Rights Act 2025 brought a significant shift in the structure of employment rights from April 2026. Three rights that previously required a period of qualifying employment, or involved a waiting period, became available from the first day. For hospitality employers, where the workforce is often young, where staff turnover is high, and where a substantial number of employees are at an early stage of their employment at any given time, the practical effect is significant.

This page covers what changed, what it means for your business, and what you need to do with your existing contracts.

Statutory sick pay: no more waiting days

Before April 2026, statutory sick pay was subject to a three-day waiting period. An employee who fell ill had to have been sick for four or more qualifying days before SSP kicked in. The first three qualifying days, known as waiting days, were unpaid under the SSP rules, unless the employment contract provided for company sick pay from day one.

From April 2026, the waiting days no longer exist. SSP is payable from the first qualifying day of sickness. An employee who is sick on Monday and meets the earnings threshold for SSP is entitled to be paid SSP for that Monday, not from Thursday.

What this means in practice for hospitality employers. Sick pay costs for short-term absences increase because you are now paying SSP from the first day rather than the fourth. For employers who were already paying company sick pay from day one under their contracts, nothing changes in practice. For employers who relied on the statutory waiting period, the financial impact is real, particularly for businesses with high short-term absence rates.

What you need to fix in your contracts. Any written statement or employment contract that references waiting days, that says SSP does not apply for the first three days of sickness, or that says the employee is "not entitled to sick pay" in the first three days, now states the wrong legal position. The statutory entitlement applies regardless, but an incorrect contract creates confusion. Update the sick pay section of your standard contracts to reflect the current position.

The weekly SSP rate is set by the government and changes each April. Check the current rate on gov.uk when updating your contracts.

Paternity leave from day one

Before April 2026, statutory paternity leave required 26 weeks of continuous employment. An employee who had been with you for less than six months at the time of the birth or adoption had no statutory entitlement to paternity leave.

From April 2026, paternity leave is a day-one right. An employee who starts work in August 2026 and whose partner gives birth in September 2026 is entitled to statutory paternity leave from the outset.

What paternity leave covers. Statutory paternity leave is two weeks, taken in one or two separate blocks of one week, within 52 weeks of the birth or adoption. Statutory paternity pay is paid at the lower of the applicable weekly rate or 90% of the employee's average weekly earnings.

What you need to fix in your contracts. Written statements or contracts that reference a qualifying period of service for paternity leave are now incorrect. Update the paternity leave section to confirm that paternity leave is available from day one of employment.

For hospitality businesses with staff who are likely to qualify for paternity leave in the near term, communicating this change proactively avoids a situation where an employee is unaware of their entitlement and you are unaware of an upcoming absence.

Parental leave from day one

Parental leave allows parents to take unpaid leave to care for a child under 18. Before April 2026, parental leave required one year of continuous employment. Employees who had been with the same employer for less than a year had no statutory entitlement.

From April 2026, parental leave is a day-one right. A new employee with a child under 18 can take parental leave from the outset of their employment.

What parental leave covers. Statutory parental leave is unpaid and amounts to 18 weeks per child, taken in blocks of at least one week at a time unless the child has a disability, in which case days can be taken individually. Up to four weeks per year can be taken in any one year.

What you need to fix in your contracts. Written statements or contracts that state a one-year qualifying period for parental leave are now incorrect. In practice, parental leave is relatively infrequently used in a busy hospitality environment, but the contract must still state the correct position.

What to update in your contracts

If your standard employment contract or written statement was last reviewed before April 2026, the following sections need attention.

Sick pay clause. Remove any reference to waiting days. State that SSP is payable from the first qualifying day of sickness, subject to the employee meeting the qualifying conditions. Refer to the current SSP rate as set by the government, rather than a specific figure that will become out of date.

Paternity leave clause. Remove any qualifying service requirement for paternity leave. State that statutory paternity leave is available from the first day of employment.

Parental leave clause. Remove the one-year qualifying period. State that statutory parental leave is available from the first day of employment.

How to notify existing staff. You must notify each existing employee of any change to their terms within one month. The simplest approach is an updated written statement or a brief letter setting out the changes, signed and retained on file. You do not need to issue a completely new contract, though doing so is a reasonable approach if the contract is due for a wider review.

For new staff joining from this point, ensure your standard template has already been updated before any new hire goes through onboarding.

Related guides

• →Employment contracts and written particulars for hospitality employers: the complete guide
• →Written statement of employment particulars: what must be included
• →SSP changes April 2026: what employers must update
• →Hiring staff in 2026: what employers must know
• →Employment Rights Act 2025 explained for small businesses