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Employment Rights Act: key considerations for care employers

21 January 2026

A care home employee with a resident

With the Employment Rights Act now law, we start 2026 with a clearer idea of the landmark employment legislation changes coming this year and in 2027.

Many of these changes will directly affect care sector employers. Early preparation should be a priority for providers at the start of this year.

Care providers will have plenty to implement as the changes begin to take effect from April 2026. Because employment and regulatory considerations often overlap, providers should consider how these changes impact their CQC obligations and how best to evidence compliance during inspection.

We’ve summarised priority areas for care providers, with practical steps and timeframes. We’ve also linked these to CQC obligations for service providers and managers under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (RA Regs) and the Care Quality Commission (Registration) Regulations 2009 (Reg Regs).

Implementation of the changes remains dynamic in some cases, with precise dates and further details to follow. Treat the timeframes below as a practical planning guide and keep them under review as government consultations progress and guidance is published.

Change and key date

What it means for care employers

Actions to take

Relevant CQC regulation(s)

Day-one rights:

Statutory Sick Pay

(SSP) for all

workers


From April 2026

Expanded entitlements


Increase in short-term absences.

Update payroll and sickness policies


Budget for higher SSP costs


Train line managers on short-term absence management.

CQC expects fair, safe staffing and a just culture under the well-led domain:


Regulation 17 RA Regs (Good Governance)


Regulation 18 RA Regs (Staffing)


Regulation 13 Reg Regs (Financial Position).

Fair Work Agency

(FWA) established

with power to

enforce SSP, holiday pay and National Minimum Wage (NMW)


From April 2026

Tighter enforcement for non-compliance and penalties.

Audit holiday pay, NMW and SSP compliance


Ensure record keeping meets requirements


Review underpayments.

Wage compliance links to CQC’s well‑led and fit and proper persons requirements, as well as financial sustainability – all of which affect service safety:


Regulation 12 RA Regs (Safe Care and Treatment)


Regulation 17 RA Regs (Good Governance)


Regulation 18 RA Regs (Staffing)


Regulation 19 (Fit and Proper Persons Employed)


Regulation 13 Reg Regs (Financial Position).

Family‑friendly

rights


From April 2026

Expanded rights for paternity leave, pregnancy, parental leave and carers’ leave


Day‑one eligibility

Update leave policies


Create simple request forms


Train schedulers on cover planning


Avoid discriminatory scheduling.

Equitable treatment supports CQC culture, staff wellbeing and consistent care delivery:


Regulation 17 RA Regs (Good Governance)


Regulation 18 RA Regs (Staffing)


Regulation 19 (Fit and Proper Persons Employed).

Enhancement of

anti-harassment

protections


From April 2026

Whistleblowing to cover sexual harassment disclosures


Duty to prevent sexual harassment strengthened to “all reasonable steps”


Liability for third party harassment (including service users and visitors)


Increased obligations for risk assessments of exposure to harassment and widened entitlements to protection.

Implement robust anti-harassment training


Carry out risk assessments


Display signage


Set reporting and escalation processes for third-party incidents.

Fair, safe staffing and a just culture underpin the well-led domain:


Regulation 16 RA Regs (Receiving and Acting on Complaints)


Regulation 17 RA Regs (Good Governance)


Regulation 18 RA Regs (Staffing)


Regulation 19 (Fit and Proper Persons Employed)

Trade union and

collective rights


From April 2026

Potentially easier recognition and stronger protection for union activity.

Map recognition status


Set consultation protocols


Train managers on lawful engagement and avoiding detriment.

Constructive workforce relations support staffing stability and quality, tying to well‑led domain:


Regulation 17 RA Regs (Good Governance)


Regulation 18 RA Regs (Staffing).

Adult Social Care

Negotiating Body

established


From October 2026

Sector-wide pay and conditions set via Fair Pay Agreement.

Monitor negotiated terms


Budget and adjust pay and conditions accordingly.

Funding requirements impact governance and staffing:


Regulation 17 RA Regs (Good Governance)


Regulation 18 RA Regs (Staffing)


Regulation 13 Reg Regs (Financial Position).

Unfair dismissal

rights


From October 2026

Time limit to bring a claim extended from three months to six months


Ability to claim after six months’ service


Likely to see an increase in claims from employees.

Tighten probationary management to before month six


Train line managers on early identification of conduct and capability concerns, documentation requirements and fair process.

Well-led and fit and proper persons obligations apply:


Regulation 17 RA Regs (Good Governance)


Regulation 18 RA Regs (Staffing)


Regulation 19 (Fit and Proper Persons Employed)


Regulation 13 Reg Regs (Financial Position).

Zero-hours,

insecure contracts

and predicable

work patterns


From 2027

Move towards contracts reflecting actual hours


Curbs on one‑sided flexibility


Notice of shifts, changes and cancellations.

Audit rotas against paid hours


Offer contracts matching regular patterns


Set fair notice, cancellation policies and compensation rules


Adjust rostering to reduce last‑minute changes

Predictable staffing supports safe care planning and continuity, evidencing good governance under the well-led domain. Workforce stability is key to quality and continuity of care:


Regulation 12 RA Regs (Safe Care and Treatment)


Regulation 17 RA Regs (Good Governance)


Regulation 18 RA Regs (Staffing)


Regulation 19 (Fit and Proper Persons Employed)


Regulation 13 Reg Regs (Financial Position).

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