Charities today operate in an environment where trust, fairness, and the wellbeing of staff and volunteers directly influence an organisation’s ability to deliver its mission.
As employment laws evolve, understanding your workforce’s rights is essential to protect your reputation and ensure long-term sustainability. With that in mind, the upcoming Employment Rights Act (ERB) introduces a series of Day One Rights for charities that will reshape how the sector manages, supports, and retains its people.
This article explains what is changing, what it means for your organisation, and how you can prepare well ahead of the expected 2026 - 2027 roadmap to implementation.
What Are Day One Rights And Why Should Charities Care?
Understanding Day One Rights is essential for charity employers. These rights apply from an employee’s very first day and remove traditional qualifying periods for key protections, from family leave to Statutory Sick Pay.
Understanding Day One Rights
Day One Rights are employment rights that apply immediately from the very first day an employee starts their job.
Traditionally, many employment protections, such as parental leave, flexible working requests, or eligibility for Statutory Sick Pay, required an employee to complete a minimum period of service before they could rely on them.
However, the Employment Rights Act removes many of these qualifying periods, meaning charity employees will be entitled to key rights as soon as their employment begins, taking effect from April, 2026.
In practice, this means new starters will have access to important support mechanisms long before they have had the time to fully embed themselves in the organisation. For employers, this represents a major cultural and administrative shift, particularly in sectors like charity work where roles are often fast-paced, emotionally demanding, and reliant on goodwill.
Why Day One Rights Matter to Charities
Charities should care deeply about Day One Rights for several reasons, and not just because of legal compliance. These reforms go to the heart of how charitable organisations operate and the promises they make to employees, service users, and stakeholders.
1. They Strengthen Your Credibility As a Fair and Ethical Employer
Charities are held to exceptionally high ethical standards. Demonstrating fairness from the very first day reinforces your organisation’s commitment to treating staff with dignity and respect, values that mirror the causes you champion.
2. They Enhance Recruitment and Retention in an Already Challenging Sector
The charity sector competes with both public and private employers for skilled staff. Offering immediate rights, especially around flexibility, wellbeing, and family support, makes your roles more attractive and reduces turnover, which is particularly important in care, retail, and community roles.
3. They Reduce Risk by Encouraging Better HR Structure From the Outset
With employees gaining protections much sooner, charities will need stronger onboarding processes, clearer documentation, and more robust managerial practices. This reduces the likelihood of disputes, inconsistencies, or legal exposure later on.
4. They Align Directly With the Values-Driven Nature of Charity Work
Many charities support vulnerable individuals, advocate for fair treatment, or operate with strong social justice principles. Ensuring your own employees receive fair treatment from day one reinforces organisational integrity and helps avoid reputational risks.
5. They Prepare Charities for Greater Enforcement and Scrutiny
With the Fair Work Agency expected to centralise enforcement from April 2026, charities must be ready to demonstrate compliance quickly and confidently. Meeting Day One obligations is a crucial part of that readiness.
Overall Timeline of the Employment Rights Act
The changes mentioned in the Employment Rights Act are being introduced in phases, with the major "Day One" rights expected to take effect in April 2026, and other reforms following later.
Below is a breakdown of the key timelines:
Expected April 2026 Implementation (The Core "Day One" Changes)
The majority of the rights referred to as "Day One Rights" in this article are expected to come into force in April 2026. These include:
- Family-Friendly Rights: The Day One right to Paternity Leave and Unpaid Parental Leave.
- Statutory Sick Pay (SSP) Reform: The removal of the three-day waiting period and the removal of the lower earnings limit.
- Fair Work Agency: The establishment of the new centralized enforcement body.
Expected 2027 Implementation (Predictability and Other Reforms)
Other significant changes, especially those requiring more time for businesses to adjust their operational models and systems, are expected to be implemented later:
- Zero-Hours Contract Reforms: The right to guaranteed hours and the right to payment for cancelled/curtailed shifts are expected in 2027.
- Unfair Dismissal Qualifying Period: The reduction of the qualifying period for ordinary unfair dismissal from 2 years to 6 months is expected in 2027.
Therefore, charities must be prepared for the financial and administrative changes related to sick pay and family leave in early 2026, while concurrently planning their strategy for the predictable contracts and the reduction in the unfair dismissal qualifying period for the subsequent year.
Immediate Employment Rights Every Charity Must Prepare For
The confirmed changes introduce several rights (taking effect in April 2026) that will apply immediately from the first day of employment, removing the qualifying periods charity employers have historically relied upon.
Family-Friendly Rights From Day One
Previously, employees needed 26 weeks or even one full year of service before accessing certain family-related leave entitlements. Under the ERB, the following become Day One rights:
1. Paternity Leave and Unpaid Parental Leave
Traditionally, these entitlements required long periods of service—26 weeks for paternity leave and up to a year for unpaid parental leave. Under the new framework, these rights apply immediately, enabling charity employees to access vital family support without delay.
This shift is particularly important for attracting and retaining a younger workforce or staff members balancing family responsibilities—something many charity roles naturally intersect with.
2. Bereavement Leave for Close Relatives
The right to unpaid bereavement leave will also be expanded, acknowledging a broader range of familial relationships. Given the emotionally demanding nature of charity work, this change helps create a more compassionate and supportive working environment.
What charities should do next: Review and update staff handbooks, policies, and manager guidance to reflect these expanded Day One entitlements. Doing so ensures clarity and consistency across your organisation.
Statutory Sick Pay: Broader Eligibility and Earlier Payments
The Employment Rights Bill also introduces two major reforms that significantly affect charities employing part-time, casual, or hourly staff.
1. SSP Payable From Day One
The current three-day waiting period will be removed, meaning employees become eligible as soon as they report sick. This offers staff greater financial stability but may increase costs for charity employers.
2. Removal of the Lower Earnings Limit
Many charities employ individuals whose earnings fall below the current threshold for SSP, such as retail assistants, sessional workers, or care staff. Removing the lower earnings limit brings these workers into eligibility, expanding your organisation’s financial liability in cases of sickness absence.
Action point: Start revisiting 2026 budget forecasts now to ensure these additional costs are understood and planned for, rather than arriving as unexpected operational pressures later.
Flexible Working and Predictable Contracts: Aligning Values With Practice
Beyond immediate Day One Rights, the Employment Rights Bill places greater emphasis on fairness and predictability, which are two factors that heavily influence staff wellbeing and retention within the charity sector.
Flexible Working Amendments (Expected 2027)
Although the business grounds for refusal remain the same, employers will need to provide a more detailed and reasonable explanation when declining a request.
For many charities, this presents a real opportunity. Flexibility can significantly enhance wellbeing, reduce burnout, and make roles more sustainable, particularly in emotionally demanding positions such as support work, care, or frontline services.
Predictable Hours for Zero-Hours and Atypical Workers (Expected 2027)
Looking ahead, further reforms will give workers with irregular hours the right to request more predictable schedules, based on their working history. Employers will also be required to compensate staff for shifts that are cancelled or changed at short notice.
Because many charities rely on zero-hours contracts for events, retail, community outreach, and seasonal campaigns, preparing for this change early will help reduce both disruption and administrative burden later on.
Unfair Dismissal Reform: Understanding the Six-Month Compromise
The most controversial proposal, that employees would gain the right to claim unfair dismissal from day one, has been formally dropped. However, the replacement reform still represents a major shift:
A Reduced Qualifying Period: From Two Years to Six Months (Expected 2027)
Employees will soon qualify for ordinary unfair dismissal claims after only six months of service. While less dramatic than the original proposal, this change demands sharper, fairer, and more consistent management practices.
Charities must ensure that performance issues, conduct concerns, or capability problems are addressed early, consistently, and well-documented. Otherwise, disputes arising within the first year of employment could increasingly escalate to formal claims.
A New Enforcement Environment
The planned Fair Work Agency, expected to launch in April 2026, will centralise enforcement and strengthen workers’ ability to bring claims. Combined with a likely review of compensation caps, the risk landscape for charities is set to change considerably.
A Charity-Focused Action Plan: Three Steps to Protect Your Organisation
To help charity leaders prepare for the new employment framework, the following pillars provide a practical roadmap.
1. Strengthen Your HR Foundations (Compliance First)
The first step in preparing for Day One Rights is ensuring your HR systems are compliant. From contracts and payroll to manager training, a proactive approach lays the groundwork for fair treatment and legal compliance.
Audit Employment Contracts
Begin by auditing all employment contracts and written statements to ensure they accurately reflect the new Day One Rights. This includes updating references to qualifying periods for paternity leave, unpaid parental leave, bereavement leave, and SSP.
Update Payroll Systems
Next, ensure your payroll systems are ready to process SSP from the first day of absence. This update may require changes to software settings, workflows, or approval processes.
Taking action early helps avoid administrative errors and ensures statutory payments are issued correctly and on time.
Train Managers on New Flexible Working Rules
Finally, train managers on the updated flexible working process and the heightened requirement for transparent, reasonable decision-making. Under the new rules, refusals must be well-evidenced and aligned with legitimate business grounds.
2. Align Policies With Your Mission and Culture
Legal compliance is important, but embedding Day One Rights into your charity’s culture maximises their benefit. By aligning policies with your organisation’s values, you can enhance employee wellbeing and engagement, making your charity a fair and attractive place to work.
Normalise Flexible Working
Encourage flexible working wherever possible and integrate it into your organisational culture. By treating flexible arrangements as a positive feature rather than an exception, you demonstrate a genuine commitment to staff wellbeing.
Review Zero-Hours Roles
Examine zero-hours and atypical contracts with an eye toward predictability and fairness. Where feasible, provide clearer schedules or minimum guaranteed hours to improve staff security.
3. Prioritise Documentation and Early Intervention
Effective documentation and early action are key to managing risks under the new employment framework. By keeping clear records and addressing issues promptly, charities can maintain fairness as well as safeguard the organisation against potential disputes or claims.
Record All HR Actions Meticulously
Maintain detailed records of disciplinary processes, performance discussions, and flexible working requests from day one.
Accurate documentation protects the organisation in case of disputes or claims, ensures consistent treatment across employees, and provides a clear audit trail for compliance purposes.
Act Early on Performance or Conduct Issues
Address performance or conduct concerns promptly and fairly. Early intervention reduces escalation, helps employees improve, and mitigates the risk of claims under the shortened unfair dismissal qualifying period.
Seek Expert Advice When Needed
Engage HR or employment law specialists to review policies, contracts, and processes. Expert input ensures your approach is legally sound, sector-specific, and aligned with best practice.
This guidance can be particularly valuable when implementing new Day One Rights, as it reduces risk and gives leaders confidence in their compliance framework.
While most charities already operate with fairness and compassion at their core, these reforms introduce a new level of legal and procedural accountability. Early preparation will reduce risk and reinforce your position as a responsible employer.
Fair Employment Is Mission Protection
The Employment Rights Bill is reshaping the charity employment landscape. Although the legislation may feel complex, its intention is clear: to build a more secure and transparent labour market.
At Wirehouse, we work closely with charities of all sizes to review systems, strengthen policies, and provide practical, sector-specific support.
If your organisation would benefit from a full HR compliance audit or guidance on implementing the new Day One Rights for charities, our team is ready to help you navigate the changes with confidence.
Get in touch with us today!
