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Day One Rights: What the New UK Employment Bill Means for You and Your Workplace

Big changes are on the way for UK workers, and employers, as the government’s new Employment Rights Bill introduces stronger protections and greater flexibility from the first day of employment. Dubbed the ‘Day One Rights,’ these reforms represent a shift in how we view job security, fairness, and work-life balance.

Traditionally, employment law in the UK has required staff to work for a certain amount of time before they could access some of their most important rights, such as protection from unfair dismissal or the ability to take family-related leave. The new rules do away with many of those waiting periods, putting rights front and centre from the start.

Let’s unpack what’s changing, why it matters, and what both employees and employers should expect.

Unfair Dismissal: Protection from Day One

What’s changing?

The right to bring a claim for unfair dismissal, previously only available after two years of continuous employment, will now be available immediately on commencement of

employment.

Why it matters

This change closes a long-standing gap in job security for new hires. It means workers can’t be

dismissed without a valid reason and fair process, no matter how short their time at the company.

What this means for employees:

This is a major development. It means that if you’re let go from your job, even within the first few

weeks, your employer must be able to show:

–     They followed a fair process

–     They had a valid reason for the dismissal (such as conduct, performance, redundancy, etc.)

You’ll no longer be vulnerable just because you haven’t ‘earned’ the right to be treated fairly. While certain dismissals (like for gross misconduct) may still be lawful, employers can no longer rely on the two-year threshold to sidestep scrutiny.

What this means for employers:

This change raises the stakes for early dismissals, including during probation periods. Employers

will need to:

–     Document performance and conduct issues clearly

–     Follow fair procedures when terminating contracts—even during probation

–     Review onboarding and probation policies to reflect these legal changes

If not handled correctly, early dismissals could now open the door to costly tribunal claims.

Flexible Working: Making Yes the Default

What’s changing?

Employees already had the right to request flexible working from day one. But under the new law, employers must now say yes to flexible working requests unless they can prove that doing so would be unreasonable.

Why it matters

It increases access to flexible arrangements for people with caregiving responsibilities, health

conditions, or work-life balance needs, and reduces the ease with which employers can say no.

What this means for employees:

This strengthens your position when requesting changes like:

–     Remote or hybrid working

–     Flexible start/finish times

–     Compressed or part-time hours

Previously, employers could decline such requests for a wide range of reasons. Now, they’ll have to

show that there’s a clear and legitimate business reason for refusing, and that they considered

alternatives.

What this means for employers:

Employers should expect a rise in flexible working requests.

Key actions include:

–     Training managers on how to assess and respond to requests

–     Setting clear timelines for decisions

–     Creating a culture that supports flexibility wherever possible

Flexible working is no longer just a ‘nice to have’ thing, it’s becoming the norm especially after the COVID-19 Pandemic. Employers who embrace it will likely see better staff retention, higher morale, and a wider talent pool.

Melanie Pimenta

Associate

View profile

+44 118 960 4653

Big changes are on the way for UK workers, and employers

Bereavement Leave: Compassion Backed by Law

What’s changing?

The Bill introduces a broader, statutory right to bereavement leave, beyond just parents grieving the

death of a child.

What it includes:

–     At least one week’s leave

–     Must be taken within 56 days of the person’s death

–     Applies to employees who have lost someone in an eligible relationship category (to be defined in the final version of the law)

Why it matters:

Bereavement is one of life’s most difficult experiences, and until now, most workers have had no guaranteed time off, relying instead on the goodwill of their employer. This law formalises compassionate leave as a legal right, not just a discretionary benefit.

What this means for employees:

Employees experiencing grief will have protected time to process their loss without worrying about

work or pay consequences. This signals a more compassionate and humane workplace standard.

What this means for employers:

Employers will be required to update HR policies and create clear processes for managing bereavement leave requests. Sensitivity in handling these cases will be key, as well as clarity around who qualifies under the new provisions

Paternity Leave & Unpaid Parental Leave: No More Waiting

What’s changing?

Currently, statutory paternity leave is only available after 26 weeks of employment and unpaid parental leave is only available after one year of service. The new Bill scraps these qualifying periods, making both types of leave available from day one, provided employees give notice of their intention to take the leave.

Why it matters:

This update supports new fathers and parents in playing an active role at home from the very beginning. No longer will workers have to delay starting a new job or miss out on time with their children because they haven’t ‘earned’ the right to family leave.

What this means for employees

Parents will be able to take paternity or unpaid parental leave as soon as they start a job, making

family life easier to balance right from the start.

For employers:

Be ready for more early-stage parental leave requests. It’s important to:

–     Understand the notice requirements

–     Communicate clearly with staff about their options

–     Ensure payroll and leave tracking systems can accommodate day-one access

So, What Should Employers Do Now?

These changes might feel overwhelming at first, but with the right preparation, employers can turn them into an opportunity to build a more fair, supportive, and attractive workplace.

Here are a few key steps:

  • Update contracts and handbooks: Make sure your policies reflect the new day-one entitlements.
  • Train your managers: Line managers will be key in applying these new rights fairly and consistently.
  • Create a culture of transparency: Encourage open conversations about flexibility, family needs, and performance from the very start of employment.
  • Audit your procedures: Review how dismissals, leave requests, and flexible working applications are handled, and tighten up any gaps.

Final Thoughts

The Employment Rights Bill is about more than just legal reform, it’s about shifting the culture of work in the UK. It sends a clear message: basic rights and respect at work shouldn’t have to be earned, they should be a given. Whether you’re an employee starting a new job or an employer building a team, these day-one rights will help shape a more supportive and balanced working world.

Written by our work experience student Josmi Saji 

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Melanie Pimenta

Associate

View profile

+44 118 960 4653

About this article

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