Day one employment rights under the Employment Rights Act 2025

From 6 April 2026, day one employment rights in the UK will come into effect under the Employment Rights Act 2025. These rights ensure new employees have access to essential protections, including Statutory Sick Pay (SSP), paternity and parental leave, holiday pay accrual and termination and notice pay from their very first day on the job.

Day one employment rights will have a direct and immediate impact on payroll operations. Payroll teams will need to ensure that systems, processes, and controls can support the compliance of these changes, with particular focus on statutory payments, eligibility checks, and audit evidence requirements.

HR and Payroll are deeply interconnected functions, and as changes to day one employment rights come into effect, businesses will need to look beyond HR considerations alone and fully assess the impact on payroll processing, calculations, and employee pay outcomes.

Payroll risks and considerations related to the introduction of day one employment rights

The introduction of day one employment rights significantly increases payroll risk exposure, particularly for new starters and short‑service employees.

Key payroll risk areas include:

Day one employment rightsChange/riskConsiderations
Statutory Sick Pay (SSP)
  • SSP will apply immediately from the first day of employment. Waiting days no longer apply.
  • Errors may lead to underpayments.
  • Implement additional review controls for SSP and statutory family pay calculations, particularly for employees with limited earnings history.
Parental/Family Pay
  • Immediate access to maternity, paternity, adoption and shared parental leave places greater reliance on accurate average earnings calculations.
  • Limited pay history increases the risk of incorrect statutory pay outcomes and subsequent employee disputes.
  • Ensure payroll systems are updated to reflect day one statutory parental/family pay.
  • Remove legacy rules that rely on qualifying periods.
Holiday Pay Accrual
  • Holiday entitlement applies immediately, increasing the risk of incorrect accrual or payment early in employment.

 

  • Strengthen data flows between HR and payroll systems to ensure absence, leave, contractual and termination data is accurate and timely.
  • Schedule regular reconciliation checks between HR records and payroll outputs to identify discrepancies early.
Termination & Notice Pay
  • Day one notice rights increase the complexity of final pay calculations for short‑service employees.
  • Inaccurate leaver data or misapplied notice rules may result in underpayment and potential claims.
  • Update termination pay calculations to reflect day one notice rights.
  • Ensure payroll receives timely and accurate leaver information from HR to support correct final pay outcomes.

Additional year-end and new tax year considerations

In addition to day one employment rights changes, payroll teams must also consider the annual mandatory year end/new tax year preparations.

Statutory deadlines

  • P60s issued by 31 May
  • P11D / P11D(b) filed by 6 July
  • Class 1A NIC paid by 22 July
  • Submit your final FPS (and EPS if applicable) accurately and on time
  • Form P11D(b) is still required even if Benefits in Kind were reported via Payroll by 6 July

Benefits in Kind (BIK)

  • Prepare and submit P11Ds/P11D(b) if you're not payrolling
  • If you are payrolling, remember: a P11D(b) is still required
  • Mandatory BIK payrolling now deferred to April 2027

Directors’ National Insurance Contributions

  • Ensure directors are processed on the correct annual NIC method
  • Reconcile any in-year changes to avoid mismatches

Update Your Payroll Systems

  • Confirm your payroll software is set for new thresholds and rule changes

With increased exposure for employers surrounding new starters and short‑service employees, organisations must ensure payroll systems, controls and HR data are aligned and fit for purpose. Early preparation will be key to managing risk, maintaining compliance and delivering accurate pay outcomes.

Join our upcoming employer webinar - What employers need to know for the 2026/27 tax year

We’ll cover key actions and considerations for payroll, employment taxes and rewards as organisations prepare for the 2026/27 tax year.

Sign-up today

 

Get in touch

Need support, speak with our Payroll team

Contact us

Key contact