Start 2026 by reviewing and updating contracts and policies

Be aware that written terms is a day one right

All employees and workers are entitled to receive a written statement of key terms no later than their first day. This means they should have this written statement from day one of employment. In addition, workers, including zero hours workers, are entitled to receive basic written information by day one.

If you have existing employees or workers who do not have a contract in place, they can request such a statement which must be provided within one month.

Benefits for the employer

If you fail to provide written terms to an employee or worker, they can apply to the Employment Tribunal for a declaration of what their terms are. They can also ask for compensation of between 2 and 4 weeks pay. The legislation may not have sharp teeth, however there are also commercial benefits to providing written terms and conditions by day one:

1. Professional – the employer will appear far more professional and the employee will see that you know what you are doing;
2. Clarity – there is far less likely to be a dispute over what the terms are in reality; and
3. Protection – there are various obligations that will need to be set out in a contract i.e. confidentiality, repayment clauses and any future restrictions on the employee.

Next steps following the Employment Rights Act 2025

Now that we have more clarity over the qualifying period for unfair dismissal being reduced to 6 months instead of day one, we suggest that it is a really good time to carry out a full review of employment contracts, policies and procedures.

We are very happy to carry out a free review of your employee documents. We can then make recommendations of any legal and commercial updates that are required. If updates are required, we will provide a no obligation fixed fee quote for updates.

Get in touch for legal advice

If you would like a free review, please get in touch with one of our employment law/HR experts on 01202 525333 or by email at employment@ellisjones.co.uk, one of our team would be very happy to assist you. You can also join our free, monthly HR Forums in partnership with Rubicon Recruitment, if you have any responsibility for HR or people in your business, please do not hesitate to contact events@rubiconpeople.co.uk to be able to attend.