April 2026 marks a significant moment for employers across the UK, but for those operating in the Early Years sector, it represents a clear line in the sand. The implementation of key provisions of the Employment Rights Act 2025 is not simply another round of legislative change to absorb and move on from. Instead, it signals a decisive shift in how employment relationships are expected to be managed, evidenced, and enforced.
While employment law has always evolved, what makes April 2026 different is not just the substance of the reforms, but the intent behind them. The direction of travel is clear: stronger rights for workers, paired with stronger enforcement, and far less tolerance for informal, undocumented or inconsistent practices. For Early Years employers, where teams are often small, relationships close, and managers wear many hats, this change matters more than most.
A shift from good intention to provable compliance
Many nursery owners and managers take pride in being fair, caring employers. They know their teams well, support them through challenges, and try to do the right thing. Historically, that approach has often been enough. From April 2026, however, good intentions alone will no longer protect employers.
The Employment Rights Act introduces or strengthens a range of “day one” rights, including expanded access to Statutory Sick Pay, parental rights, and protections around dismissal and treatment at work. Alongside this sits the establishment of the Fair Work Agency, which brings together enforcement powers that were previously fragmented and, in some cases, inconsistently applied. The Fair Work Agency will act as a single enforcement body responsible for policing key employment rights such as pay, holiday entitlement and sick pay, with the power to investigate employers proactively, issue penalties, and take enforcement action where breaches are found, rather than relying solely on employees to raise complaints.
The result is a system where employers are increasingly expected not only to act fairly, but to be able to demonstrate that fairness through clear processes, accurate records, and consistent decision-making. In other words, compliance must be visible and defensible.
Why Early Years settings are particularly exposed
Early Years employers face a unique combination of pressures. Margins are tight, staffing ratios are critical, and recruitment and retention remain ongoing challenges. Many settings rely on part-time staff, flexible working patterns, and a workforce that may include younger employees or those returning to work after time away.
These factors increase exposure under the new framework. For example, extended eligibility for Statutory Sick Pay from day one may change absence patterns. Day one parental rights require managers to understand and respond correctly to requests that arise very early in employment. Enhanced whistleblowing protections, including the inclusion of sexual harassment disclosures, mean complaints must be handled carefully, consistently and with proper oversight.
In a nursery environment, where safeguarding, wellbeing and professional standards are already under scrutiny, employment practices cannot be treated as separate or secondary. HR decisions are increasingly intertwined with regulatory expectations and reputational risk.
Stronger enforcement changes behaviour
One of the most important aspects of the reforms is the move towards more proactive enforcement. The Fair Work Agency is intended to identify non-compliance rather than relying solely on individual complaints. This represents a cultural shift for many employers who have historically assumed that unless something “went wrong”, their practices were unlikely to be examined.
For Early Years providers, this means that areas such as pay calculations, holiday entitlement, sickness absence, training time, and employment status need to be watertight. Informal agreements, verbal arrangements, or “we’ve always done it this way” approaches now carry far greater risk.
The cost of getting it wrong is also increasing. Doubling of collective redundancy protective awards, longer tribunal time limits, and clearer routes for employees to raise concerns all raise the stakes for employers who are unprepared.
What this looks like in a nursery, not a corporate
It can be tempting to read about employment law reform and assume it is aimed at large corporates with HR departments and legal teams. In reality, many of the changes will be felt most acutely by small and medium-sized employers, including nurseries, pre-schools and out of school clubs.
Consider a new starter who goes off sick within their first few weeks. From April 2026, SSP entitlement and absence management decisions must be handled correctly from day one. Or a probationary employee who is struggling, where managers may previously have relied on informal conversations rather than documented processes. Or a flexible working arrangement agreed to help with childcare, which later becomes difficult to sustain operationally.
Each of these situations now requires a structured, fair and well-documented approach. The room for manoeuvre has narrowed, not because employers are expected to be less human, but because they are expected to be more consistent.
The hidden cost of informal practices
Many Early Years employers will recognise themselves as “good employers” who care deeply about their teams. The risk lies not in bad faith, but in informality. When contracts are out of date, policies are unclear, training records incomplete, or decisions are made without written rationale, employers leave themselves exposed.
From April 2026, informal practices are more likely to be challenged, and when they are, they are harder to defend. The cost is not just financial. Investigations, disputes, and regulatory scrutiny take time, energy and focus away from running a high-quality setting and supporting children and families.
What good employers should be doing now
The months leading up to April 2026 are an opportunity, not just a deadline. Employers who use this time well can put themselves on the front foot and reduce risk significantly.
Key steps include reviewing contracts and policies to ensure they reflect current and upcoming rights, training managers to handle absence, performance and conduct confidently, and ensuring record-keeping is accurate and accessible. Safer recruitment practices, including robust referencing and verification, are also critical in a sector where suitability is paramount.
Most importantly, employers should move away from relying on memory, goodwill or verbal agreements, and towards systems and processes that support consistent, fair decision-making.
Compliance as protection, not punishment
It is easy to view employment law reform as another burden placed on already stretched Early Years providers. A more helpful lens is to see compliance as protection. Clear processes protect employees from unfair treatment, but they also protect employers from disputes, misunderstandings and costly mistakes.
April 2026 is not about catching employers out. It is about raising the standard of employment practice across the board. Those who prepare early, seek advice when needed, and invest in getting their HR foundations right will be best placed to navigate the changes ahead with confidence.
At Redwing, we believe that good HR is not about bureaucracy for its own sake. It is about creating stable, fair and well-run workplaces where everyone knows where they stand. As April 2026 approaches, that clarity has never mattered more.
If you would like assistance with any aspect of HR or Employment Law, we are the UK’s leading HR consultancy for the early Years sector, so give us a call on 01527 306223 or email us on
