The next 24 months are about moving from “reactive” to “proactive” management. Whether you run a domiciliary care agency, a residential home, or supported living, these dates are your new compliance milestones.
Phase 1: The 2026 “Day-One” Revolution
From April 2026, several core rights for care workers become “Day-One” rights, meaning there is no longer a waiting period for new hires.
1. Statutory Sick Pay (SSP) Reform
- The Change: The 3-day “waiting period” is gone. SSP is now payable from the very first day of illness.
- Lower Earnings Limit (LEL) Removed: Previously, staff had to earn a minimum amount to qualify for sick pay. Now, all eligible staff—including your part-time support workers—must receive SSP.
- Action for Providers: Review your payroll systems and update your absence management policies immediately.
2. New Rights for Families
- Paternity & Parental Leave: These are now “Day-One” rights. Even a staff member who joined you yesterday is entitled to take paternity leave or unpaid parental leave if they meet the criteria.
- Bereavement Leave: New protections for bereaved partners will allow up to 52 weeks of leave if a mother or primary adopter passes away within the first year of a child’s life.
3. The Fair Work Agency (FWA)
- A new “super-enforcer” body, the Fair Work Agency, will launch in April 2026. They have the power to audit your holiday pay, SSP, and National Minimum Wage compliance. Penalties for underpayment can reach 200%.
Phase 2: October 2026 – The Social Care Shift
October 2026 brings changes specifically designed for the adult social care sector.
1. Adult Social Care Negotiating Body
- This body will be established to create Fair Pay Agreements (FPAs). These are legally binding minimum standards for pay and working conditions across the entire care sector.
- Impact: This will likely increase wage floors for temporary staffing and permanent roles.
2. Duty to Prevent Third-Party Harassment
- You are now legally required to take “all reasonable steps” to prevent your staff from being harassed by third parties. In our sector, this includes service users, their family members, and visiting contractors.
- Action: Update your risk assessments for every care package to include specific triggers for staff safety.
Phase 3: 2027 – Structural Changes & Job Security
2027 is when the “Big Changes” to contracts and dismissals take full effect.
1. Unfair Dismissal: The 6-Month Rule
- From January 2027, the qualifying period for unfair dismissal claims drops from 2 years to 6 months.
- The “Probation” Pressure: This makes your first 6 months of recruitment and onboarding critical. You must have robust, documented performance reviews from week one.
2. Guaranteed Hours (Ending “Exploitative” Zero-Hours)
- Workers on zero-hours or low-hours contracts will gain the right to a contract that reflects their actual working patterns (typically based on a 12-week review).
- Shift Cancellation Pay: If you cancel a shift at short notice, you will likely be required to pay the worker compensation.
HSCPN Top Tips for Compliance
- Audit Your Contracts: Check how many “zero-hours” staff are actually working regular rotas. These are the staff who will likely move to guaranteed hours in 2027.
- Train Your Managers: Ensure registered managers understand that “fire and rehire” (dismissing to change terms) is now automatically unfair.
- Check Your Rates: With the National Living Wage rising and Fair Pay Agreements on the horizon, start your funding conversations with Local Authorities and ICBs now.
Need Support? Being an HSCPN member means you don’t have to face these changes alone. Join our community of like-minded providers to access updated policy templates and expert-led webinars.
