Day One Employment Rights 2026: What Trades Employers Must Act On

This article is for guidance only. It is not legal advice.

From 6 April 2026, three significant employment rights became available from day one of employment: Statutory Sick Pay, paternity leave and parental leave. If you run an electrical, plumbing, construction, cleaning or landscaping business, any contract that still references qualifying periods for these rights is now inaccurate. Update your contracts and handbook before your next hire.

The three new day one rights from April 2026

The Employment Rights Act 2025 extended the following rights to the first day of employment:

SSP from the first qualifying day of sickness. The three-day waiting period before SSP could begin was abolished. The lower earnings limit was also removed, so part-time and casual workers qualify too. An employee who falls ill in their first week can claim SSP from day one of that sickness.

Paternity leave from day one of employment. Previously, 26 weeks of continuous service was required before an employee could take statutory paternity leave. From April 2026, a new hire whose partner gives birth in their first week at work is entitled to up to two weeks of paternity leave.

Parental leave from day one of employment. Unpaid parental leave previously required one year of continuous service. From April 2026, any employee with parental responsibility for a child under 18 can take parental leave from their first day of employment.

What day one rights existed before April 2026

These rights already existed from day one before the April 2026 changes:

• →Written statement of particulars (must be provided on or before the first day of work)
• →National minimum wage
• →Itemised payslip
• →Protection from unlawful deduction from wages
• →Protection from unlawful discrimination
• →Carer's leave (introduced April 2024)
• →Right to request flexible working (moved to day one from April 2024)

The April 2026 changes added to this list. They did not replace any existing rights.

Practical implications for trades employers

Construction and roofing. A new labourer or roofer who joins your team and is expecting a baby can take paternity leave immediately. You cannot refuse the leave and you cannot treat the request as grounds for dismissing or not confirming employment.

Cleaning businesses. A new cleaner with a child under 18 can request unpaid parental leave from their first shift. Parental leave is unpaid and can be taken in blocks of one week (or one day at a time if the child has a disability), up to four weeks in any one year.

Landscaping. Seasonal workers who start in spring and have family responsibilities may need to exercise parental leave rights during busy periods. Build this into your staffing model.

Notice requirements

Paternity leave. The employee must give notice of their intention to take paternity leave by the 15th week before the expected week of childbirth or as soon as is reasonably practicable. Notice must state the expected week of childbirth, how much leave is being taken and when it starts.

Parental leave. The employee must give 21 days' notice before taking parental leave. If this is not reasonably practicable, for example an emergency related to the child, shorter notice may be acceptable.

Automatically unfair dismissal

Dismissing an employee because they exercised or sought to exercise any of these rights is automatically unfair. There is no qualifying period for automatically unfair dismissal claims. A worker dismissed on their third day because they asked about paternity leave can bring a tribunal claim immediately.

What to update now

• →Remove qualifying period references for paternity leave and parental leave from all employment contracts
• →Update the paternity leave and parental leave sections of your employee handbook
• →Update your sickness absence policy to remove the three-day SSP waiting period
• →Brief your site managers and supervisors so they do not inadvertently turn away legitimate leave requests