A small business owner welcoming a new team member, with two colleagues looking on
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Short answer

The basics of hiring an employee in the UK haven't changed, and you probably know most of them already. What has moved since 2025 is right to work checks (wider since 1 October 2026), sick pay and family leave (day one since April 2026), and unfair dismissal rights, which start after six months' service from 1 January 2027. If you run a care service, there's also a set list of recruitment checks to complete before anyone starts.

You've found someone good. They're keen, the team liked them, and you'd like them to start as soon as possible. Then the thought lands: "I'm not sure what I'm supposed to have in place." Maybe it's your first ever hire. More often it's your first hire in a year or two, and you've got a feeling the rules have shifted since last time.

They have, a little. Here's what you need before day one, what's new in 2026, and the extra checks if you work in care.

If this is your very first employee, start with our legal checklist for hiring your first employee, then come back here.

What do I need in place before a new employee starts?

This is your new employee checklist. None of it is new, but it's easy to let slip when you haven't hired for a while.

Law
  • A right to work check before they start. Check every new starter, whatever their nationality, and keep a copy for as long as they work for you plus two years after they leave (GOV.UK).
  • A written statement of terms on day one. The main terms (the "principal statement") must be given on or before the first day, and the rest within two months (GOV.UK).
  • Employers' liability insurance of at least £5 million from the day you become an employer. Most employers need it, and you can be fined £2,500 for every day you're not properly insured (GOV.UK).
  • Register as an employer with HMRC and run PAYE before the first payday (GOV.UK).
  • Workplace pension duties start on the day your first member of staff starts, even if nobody needs enrolling yet (The Pensions Regulator).

The one people most often get wrong after a gap is the right to work check. It has to happen before day one, not during the first week, and it needs to be done the same way for everyone. Only checking the people you assume "might not" have the right to work can be discrimination.

What's changed in employment law since I last hired?

If your last hire was before April 2026, these are the employment law changes that affect a new starter.

Law

In force now

  • Statutory Sick Pay from the first day of sickness (since 6 April 2026). The lower earnings limit has gone too, so lower paid staff now qualify (Acas).
  • Paternity leave and unpaid parental leave are day-one rights (since 6 April 2026).
  • Holiday records: you must keep records of annual leave and holiday pay for at least six years (since 6 April 2026).
  • Wider right to work checks (since 1 October 2026). More on this below.
Law

Coming 1 January 2027

Employees will be able to claim unfair dismissal after six months' service, rather than two years (Acas). Acas notes some of the detail still depends on government consultation, so we'll update this post as it's confirmed.

Do right to work checks now cover bank and self-employed staff?

Possibly, yes. Until October, right to work checks only applied to employees. From 1 October 2026, the Home Office scheme also covers people on worker contracts and individual sub-contractors who do the work themselves (Home Office employer's guide, 1 October 2026). The penalty for employing someone without the right to work is up to £60,000 per person (GOV.UK).

If you use bank staff on worker contracts, or self-employed carers who personally do the shifts, this is the change to look at now. The guide sets out exactly who is in scope, and whether someone is in scope depends on how the arrangement works in practice, not just what the contract calls them.

What does the six-month rule mean for my probation period?

It doesn't stop you letting someone go if a new starter isn't working out. It means the first six months matter more than they used to. Anyone you hire today reaches six months' service around late April 2027, after the new rule starts.

Good practice

A probation period isn't a legal requirement, and it doesn't change anyone's statutory rights. But a clear probation clause with review points at, say, one, three and five months gives you both a fair, structured way to check things are working well before the six-month mark. Raise any concerns early, talk them through, and keep a short written note.

I run a care service. What extra recruitment checks do I need?

Law

CQC registered services in England

Under Regulation 19 and Schedule 3 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, you need this information for anyone you employ to carry out a regulated activity:

  • proof of identity, including a recent photograph
  • a DBS certificate at the right level
  • evidence of conduct in any previous health or social care role, or work with children or vulnerable adults
  • as far as reasonably practicable, why any previous role with children or vulnerable adults ended
  • evidence of relevant qualifications
  • a full employment history, with a written explanation of any gaps
  • information about any physical or mental health conditions relevant to their ability to do the role, after reasonable adjustments

For most hands-on care roles, that will be an enhanced DBS check with a barred list check (GOV.UK). The part most often missed is the employment history gaps. A short written note from the candidate explaining each gap is enough: "travelling" or "caring for a parent" is fine. A blank isn't.

Running a nursery? Early years settings have their own suitability checks under Ofsted and the EYFS. We'll cover those in a separate post.

What's sensible to add, even though it isn't the law?

Good practice
  • A one-page welcome sheet: who to call if they're sick, how rotas and pay dates work, where policies live.
  • A short staff handbook they can read in their first week.
  • A check-in in week one and week four. It's the simplest way to spot a problem early.
  • One secure place for their contract, right to work copy and DBS details.

Hiring soon? Our first employee checklist walks you through every step before day one.

A sensible order to do this

  1. Before the offer: check your employers' liability insurance and HMRC registration are current.
  2. With the offer: make it conditional on the right to work check (and, in care, DBS and references).
  3. Before day one: do the right to work check, and in care complete the Schedule 3 checks.
  4. On day one: give the written statement and a welcome sheet, and set the probation review dates.
  5. In the first month: hold the week one and week four check-ins, and confirm pension assessment.

Related posts

Where the information came from

Checked 26 October 2026. Care-specific points relate to CQC registered services in England. Law and guidance change, so check the current position before relying on it.