Day 1 Employment Rights UK: Everything You Are Entitled to From Your First Day at Work

Starting a new job involves a lot of unknowns – a new team, a new routine, and, for many people, a nagging question in the back of their mind: what happens if something goes wrong before I’ve built up any time here?

The good news is that UK employment law protects you from your very first day, more than most people realise. And from 6 April 2026, those protections are expanding substantially thanks to the Employment Rights Act 2025 – the most significant overhaul of UK workplace rights in a generation.

This guide explains exactly what a day one right is, which rights already apply from your first shift, which new rights arrive in April 2026, and what the honest limitations are so you can go into any job with your eyes open.

What Is a Day One Right?

A day one right is a statutory employment protection that applies immediately upon starting a job, with no minimum service period required. You do not need to have worked for your employer for a week, a month, or a year. The right exists from the moment your employment begins.

A common misconception in UK workplaces is that employees must “earn” legal protection over time. While some rights depend on length of service, a significant number of statutory protections apply from the first day of employment. These day one rights are a major source of employer risk because they remove any grace period for non-compliance.

This distinction matters enormously in practice. If your employer discriminates against you during your first week, dismisses you for whistleblowing before your probation ends, or fails to pay you the National Minimum Wage in your first pay packet – all of these situations trigger legal protections that exist regardless of how new you are to the role.

From a legal standpoint, day one rights are designed to prevent early-stage abuse, discrimination and informal management practices that undermine statutory standards.

Do You Get Employment Rights From Day 1?

Yes – and more of them than many people realise.

From the first day of employment, an employee is entitled to a defined set of statutory protections. These rights apply regardless of probationary status, seniority or contractual wording and are primarily derived from the Employment Rights Act 1996, the Equality Act 2010 and working time legislation.

Here are the core rights that have applied from day one for some time and continue to do so:

Written statement of employment particulars. You are entitled to receive a written statement of your key terms and conditions on or before your first day of work. This must include your job title, pay, working hours, holiday entitlement, notice period, and place of work. Employers who fail to provide this are in breach of the law from day one.

The National Minimum Wage and National Living Wage. You must be paid at least the correct legal rate from your very first shift. There is no qualifying period, no grace period, and no exceptions for probationers. From 6 April 2026, the National Living Wage for those aged 21 and over rises to £12.71 per hour.

Protection from unlawful discrimination. Under the Equality Act 2010, you are protected from discrimination based on the nine protected characteristics – age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation – from the moment you start work. This protection actually begins before day one: unlawful discrimination during the recruitment process is also actionable.

Protection for whistleblowing. If you report wrongdoing by your employer – known legally as making a “protected disclosure” – you cannot lawfully be dismissed or subjected to any detriment for doing so, regardless of how long you have been employed. From 6 April 2026, this protection is extended to cover disclosures about sexual harassment in the workplace.

Protection for health and safety concerns. If you raise genuine health and safety concerns or refuse to carry out work you reasonably believe poses a serious risk, you are protected from dismissal or detriment. This applies from day one.

Protection from automatic unfair dismissal in specific circumstances. Certain categories of dismissal are automatically unfair regardless of length of service. These include dismissal for trade union membership or activities, for asserting a statutory right, for whistleblowing, for reasons related to maternity or pregnancy, and for taking action on health and safety grounds. You do not need any minimum service period to bring these claims.

Working time rights. The Working Time Regulations 1998 entitle you to rest breaks, limits on weekly working hours, and paid annual leave from your first day. Specifically, you accrue 5.6 weeks of paid holiday per year from the moment your employment begins.

The right to be accompanied at formal hearings. If your employer calls you to a disciplinary or grievance hearing, you have the right to be accompanied by a trade union representative or a work colleague, even if it is your first week in post.

Protection from unauthorised deductions from wages. Your employer cannot make deductions from your pay that are not authorised in your contract or by law, regardless of how long you have been employed.

Day one rights create a compliance environment where early mistakes are disproportionately costly. Probationary periods have no special legal status. While they may be useful for assessing performance or cultural fit, they do not suspend statutory rights.

That last point is worth dwelling on. Many employees and, frankly, some managers operate under the impression that a probationary period creates a kind of legal buffer – a period during which the usual rules do not fully apply. This is incorrect. Your statutory day one rights apply in full during probation.

What Are the Day One Rights in April 2026?

The Employment Rights Act 2025, which received Royal Assent in December 2025, introduces wide-ranging reforms designed to strengthen worker protections, expand family-friendly rights, and modernise enforcement mechanisms. April 2026 marks a critical milestone, with major changes to Statutory Sick Pay and parental leave rights coming into force.

From 6 April 2026, two significant new categories of right become available from day one.

Statutory Sick Pay From Day One of Illness

From 6 April 2026, SSP will be payable from the first qualifying day of sickness absence, removing the current waiting days. At the same time, the Lower Earnings Limit is removed, bringing more lower-paid and part-time employees into SSP eligibility.

This does not mean SSP becomes payable from day one of employment itself – it means that when you are ill, sick pay applies from your first day of absence rather than from the fourth. There is no service requirement to qualify for SSP under the new rules either. Whether you started your job yesterday or ten years ago, the same SSP entitlement applies.

Paternity Leave From Day One of Employment

Paternity leave and ordinary parental leave will become a day one right from 6 April 2026, meaning employees no longer need a qualifying period of service to be eligible.

Previously, paternity leave required 26 weeks of continuous employment with the same employer by the qualifying week. Unpaid parental leave required a full year of service. The reform is intended to support working parents during critical early stages of employment and prevent individuals from having to delay family planning or leave new roles due to lack of statutory protection.

From 6 April 2026, any employee expecting a child or who has recently become a parent can take paternity leave and unpaid parental leave regardless of how long they have worked for their current employer. Newly eligible employees can give notice that they intend to take leave from 18 February 2026, ahead of the April implementation date.

The reforms also introduce greater flexibility by allowing paternity leave to be taken after a period of shared parental leave, removing a previous restriction that often forced families to choose between different forms of statutory leave.

It is also worth noting that fathers and partners will be entitled to take up to 52 weeks of unpaid leave within 52 weeks of their child’s birth if their partner dies – a measure known as Bereaved Partner’s Paternity Leave.

Whistleblowing Protection Expanded to Cover Sexual Harassment

From 6 April 2026, reporting sexual harassment in the workplace will become a qualifying disclosure for whistleblowing purposes. In practice, this means that if an employee blows the whistle on sexual harassment, they will be protected from detrimental treatment and unfair dismissal under whistleblowing law. Since whistleblowing protection already applied from day one, this effectively extends the day one protection to cover a broader range of disclosures.

Other April 2026 Changes Worth Knowing

The maximum protective award for failure to consult in collective redundancy will double from 90 days’ pay to 180 days’ pay from 6 April 2026. While this is more relevant to collective situations than individual day one rights, it strengthens the position of any employee caught up in a redundancy process shortly after starting.

The Fair Work Agency also launches on 7 April 2026 – a new single enforcement body that consolidates oversight of the National Minimum Wage, SSP, holiday pay, and other statutory entitlements. This matters for day one rights specifically because it means there is now a powerful dedicated agency that can investigate and enforce these protections on your behalf.

Is SSP Payable From Day 1 of Employment?

This is a question that comes up frequently and deserves a precise answer, because there are two different “day ones” involved.

SSP from day one of sickness absence: Yes, from 6 April 2026. Previously, SSP only kicked in from the fourth qualifying day of absence. The three-day waiting period is abolished entirely. If you fall ill on a Tuesday, SSP begins on that Tuesday.

SSP from day one of employment: There is no qualifying length of service required for SSP. You do not need to have worked for your employer for any minimum period before you are entitled to SSP. However, SSP is only payable when you are actually ill and absent. It is not payable simply because you have started a new job.

The government also believes the day one SSP change will help support phased returns to work. For example, if someone who normally works five days a week returns on an initial three-day basis, they will be entitled to SSP for the other two days per week they cannot yet manage.

For the first seven days of any illness, you self-certify – meaning no doctor’s note is required. If your absence extends beyond seven consecutive days, you will need to provide a fit note from a GP or qualified healthcare professional. This requirement is unchanged by the April 2026 reforms.

It is also worth noting that SSP applies to employees regardless of their contract type. For SMEs, the compliance risk is usually not the maths – it is outdated handbook wording, payroll settings not matching working patterns, and managers giving the wrong steer to employees. If your employer’s sick pay policy still references waiting days or an earnings threshold, those provisions cannot override your statutory rights.

What Rights Are NOT Day One Rights?

It is just as important to be honest about what does not apply from day one. A few key rights require a minimum qualifying period of service.

Unfair dismissal protection. This is the big one. The government’s original proposal to bring in day one rights for unfair dismissal has been replaced by a six-month qualifying period. Protection from unfair dismissal will become a right after six months of being in a job – currently, someone must have worked for their employer for two years before claiming unfair dismissal. The reduction from two years to six months is a significant improvement, but the right is not immediate. Note that certain categories of dismissal remain automatically unfair from day one regardless of service, as outlined above.

Statutory redundancy pay. You need two years of continuous service to qualify for a statutory redundancy payment. If you are made redundant within your first two years, you have no right to a statutory redundancy payment, though you retain all other protections including the right not to be discriminated against.

Statutory maternity pay. Statutory Maternity Pay (SMP) requires at least 26 weeks of continuous service by the 15th week before the expected week of childbirth, plus minimum earnings above the Lower Earnings Limit. The right to take maternity leave itself is a day one right – but the right to SMP involves a qualifying period. Women who do not qualify for SMP may instead claim Maternity Allowance through the government.

Notice pay beyond the statutory minimum. Your contractual notice period only applies after any probationary period set out in your contract. During your first month of employment, there is no statutory obligation for your employer to provide any minimum notice at all. From month one to month two, the statutory minimum notice is one week.

How Probationary Periods Interact With Day One Rights

Probation is widely misunderstood – both by employees and by some line managers. A probationary period is a contractual arrangement used to assess a new employee’s performance and suitability. It has no special legal status in terms of suspending statutory protections.

Employers who treat probation as a low-risk phase often discover that discrimination, whistleblowing or health and safety protections were triggered from the outset, removing any qualifying-period defence. In practice, many automatic unfair dismissal claims arise during the first few months of employment precisely because managers act more informally before governance and documentation disciplines are embedded.

The practical implication is this: if you believe you have been treated unlawfully during your probationary period – for example, dismissed for raising a health and safety concern, or subjected to discriminatory treatment based on a protected characteristic – you have the same legal recourse as a long-serving employee would in those specific circumstances.

What probation does legitimately allow is a shorter or simplified process for dismissal on capability or conduct grounds, provided it is handled reasonably. It does not give employers a free pass to ignore the law.

A Complete Summary: Day One Rights in 2026

What to Do If Your Day One Rights Are Breached

If you believe your employer is not complying with your day one rights, here is what to do.

Start by raising the issue informally if it feels safe to do so. Many breaches result from outdated policies or genuine misunderstandings rather than deliberate non-compliance. A conversation with HR or a line manager sometimes resolves things quickly.

If the informal route does not work, submit a formal written grievance. Set out clearly which right you believe has been breached, what happened, and what you are asking your employer to do. Keep a copy of everything in writing.

For National Minimum Wage, SSP, and holiday pay issues, you can contact the Fair Work Agency from 7 April 2026. The agency can investigate, demand back payment, and take enforcement proceedings on your behalf.

For discrimination, whistleblowing, and automatic unfair dismissal cases, you can bring a claim at an Employment Tribunal. ACAS provides free and impartial guidance and runs an Early Conciliation service which you must contact before bringing a tribunal claim. Note that time limits for most tribunal claims are currently three months from the date of the act complained of, with this extending to six months for most claims from October 2026.

Conclusion: Know Your Rights Before You Start

The expansion of day one employment rights in April 2026 represents a meaningful shift in UK employment law. Whether you are starting your first job, switching careers, or returning to work after a break, you carry more legal protection with you than the previous rules allowed.

The April 2026 reforms signal a decisive shift in the balance between flexibility for employers and protection for workers. By expanding access to sick pay and parental leave, the Employment Rights Act 2025 prioritises health, family life, and fairness as core components of modern employment.

Knowing what you are entitled to from day one is not just useful if things go wrong. It also helps you ask the right questions when reviewing a job offer, spot an employer who takes compliance seriously, and make more informed decisions about your career.

Read also: New Statutory Sick Pay Rules UK April 2026: Everything Workers Need to Know

FAQs

Q: What is a day one right in UK employment law?

A: A day one right is a statutory employment protection that applies from the first moment of employment, with no qualifying length of service required. Examples include the right to the National Minimum Wage, protection from discrimination under the Equality Act 2010, whistleblowing protection, and annual leave. From 6 April 2026, Statutory Sick Pay, paternity leave, and unpaid parental leave also become day one rights under the Employment Rights Act 2025.

Q: Do you get employment rights from day 1 in the UK?

A: Yes. A substantial number of statutory rights apply from your very first day at work regardless of probation, contract type, or hours worked. These include pay protections, discrimination protections, health and safety rights, the right to a written statement of employment particulars, and the right to paid annual leave. Some rights – such as general unfair dismissal protection and statutory redundancy pay – do require a qualifying period of service and are not day one rights.

Q: What are the new day one rights in April 2026?

A: From 6 April 2026, the Employment Rights Act 2025 introduces three significant new day one rights. Statutory Sick Pay becomes payable from the first day of sickness absence rather than the fourth, removing the three-day waiting period. Paternity leave becomes available from the first day of employment, removing the previous 26-week service requirement. Unpaid parental leave also becomes a day one right, removing the previous one-year service requirement. Whistleblowing protections are also extended to cover disclosures about sexual harassment.

Q: Is SSP payable from day 1 of employment?

A: There is no minimum length of service required to qualify for Statutory Sick Pay – it is available to all employees regardless of how long they have worked for their employer. From 6 April 2026, SSP also becomes payable from the first qualifying day of sickness absence, meaning the three-day unpaid waiting period is abolished. So while SSP is not paid on your first day at work simply for starting a job, when you are ill, it begins from day one of that illness rather than day four.

Q: Does a probationary period affect my day one rights?

A: No. A probationary period is a contractual arrangement and has no legal power to suspend statutory protections. All day one rights – including protection from discrimination, whistleblowing protection, minimum wage rights, and SSP – apply in full during probation. Where probation does make a practical difference is in general unfair dismissal cases, since the six-month qualifying period means employers have somewhat more flexibility to manage performance and conduct during early employment. However, automatically unfair dismissals such as those for discrimination or whistleblowing carry no qualifying period and can be claimed from day one regardless of probation.

Q: What rights do zero-hours workers have from day one?

A: Zero-hours contract workers who have employee or worker status are entitled to most of the same day one protections as employees on fixed-hour contracts. These include National Minimum Wage, protection from discrimination, whistleblowing protection, and – from 6 April 2026 – SSP for days on which they were scheduled to work. The Employment Rights Act 2025 also introduces new provisions to give zero-hours workers the right to a contract reflecting their regular hours and reasonable notice of shift changes, though these elements come into force later.

Q: When does unfair dismissal protection kick in?

A: Under the Employment Rights Act 2025, protection from general unfair dismissal will become a right after six months of employment – a significant reduction from the previous two-year qualifying period. This change is expected to come into force later in 2026 through separate regulations. In the meantime, the two-year qualifying period remains in place for general unfair dismissal claims. Automatically unfair dismissal – for reasons such as discrimination, whistleblowing, trade union membership, or asserting a statutory right – applies from day one with no service requirement.

Q: Do I need to tell my employer about pregnancy to get day one maternity rights?

A: You are protected from pregnancy and maternity discrimination from day one of employment under the Equality Act 2010. The right to take maternity leave also applies from day one of employment. However, Statutory Maternity Pay (SMP) requires 26 weeks of continuous service by the 15th week before your expected week of childbirth. If you do not qualify for SMP, you may be able to claim Maternity Allowance through the government instead, which has a different and often more accessible eligibility framework.