The new rates were reported ahead of the Autumn Budget on 28 October 2026 and are expected to be confirmed by the Chancellor alongside it. For care and hospitality employers, the change sets next year’s pay floor. It affects staffing budgets, rotas, agency charge rates and pay differentials. For healthcare assistants, support workers, chefs and front-of-house staff, it sets the minimum you should see on your payslip from April.

This guide explains the National Living Wage 2027 rates, who gets them, what they cost employers and how to stay compliant.

National Living Wage 2027 at a glance

Current rates are from GOV.UK. The 2027 figures are as reported before the Budget.

What the rise means in pay

For a full-time worker on 37.5 hours a week, 52 weeks a year (1,950 hours):

• 21 and over: £24,784.50 a year now, rising to £25,740. That is £955.50 more before tax.
• 18 to 20: about £819 more a year before tax, if the £11.27 rate is confirmed.
• Part-time on 18.75 hours a week: about £478 more a year at the 21-and-over rate.

Take-home pay rises by less than this, because of Income Tax and National Insurance.

When does the minimum wage go up in 2027?

The new rates apply from 1 April 2027. That date was set in the government’s remit to the Low Pay Commission, which asked for recommendations by the end of October 2026.

The new rate applies to pay reference periods that start on or after 1 April 2027. If a weekly or monthly pay period began before 1 April, the old rate can apply until the next one begins. Check this with your payroll provider.

Why is the rise smaller than the last two years?

The 2027 rise is smaller than recent ones. In April 2026 the National Living Wage rose 4.1%, and the 18–20 rate rose 8.5%, according to Personnel Today.

Three points explain the change:

1. The two-thirds target. The government asked the Low Pay Commission to keep the National Living Wage at two-thirds of median hourly earnings. Once that level is reached, rises track wider pay growth.
2. The LPC’s earlier estimate. In spring 2026 the Commission’s central estimate for April 2027 was £13.18, within a range of £13.02 to £13.34. The reported £13.20 sits near that central estimate.
3. Youth employment. Reports say the 18–20 rate will rise in line with the adult rate, not faster. That pauses the move to a single adult rate in this Parliament, after concern about youth unemployment. The government’s remit still commits to aligning the rates in time. Watch for the confirmed policy.

Who is entitled to the National Living Wage?

The National Living Wage is the minimum wage for workers aged 21 and over. You are entitled to it if you are a “worker”, whatever your contract type. That includes:

• Full-time and part-time employees.
• Temporary and agency workers.
• Workers on zero-hours or casual contracts.
• Workers on probation or trial shifts that count as work.

Genuinely self-employed people are not covered. Calling someone self-employed does not change their status if, in practice, they work as a worker.

Do agency workers get the National Living Wage?

Yes. Agency temps must be paid at least the minimum wage for their age from day one of an assignment. After 12 weeks in the same role with the same hirer, the Agency Workers Regulations also give a right to the same basic pay as comparable permanent staff.

For employers, the minimum wage rise feeds into agency charge rates from April. Agencies pass on the higher pay, plus the employer National Insurance, holiday pay and pension costs that go with it.

What the 2027 rise costs care and hospitality employers

The hourly rate is only part of the cost. Employer National Insurance and pension contributions rise with pay.

The table shows the yearly cost of one full-time worker (1,950 hours) at the National Living Wage. It uses 2026/27 thresholds: employer National Insurance of 15% above £5,000 a year (GOV.UK), and a 3% employer pension contribution on qualifying earnings above £6,240.

This is an illustration, not a quote. Holiday pay is already included in 52 paid weeks. It assumes 2026/27 thresholds stay the same in 2027/28. If the Budget changes them, the numbers will change.

Example: a care home with 30 full-time care assistants on the National Living Wage faces roughly £33,800 more in yearly staff costs from April 2027, before any change to differentials.

The knock-on effect on pay differentials

The bigger cost is often keeping the gap between grades. If a senior carer earns £13.40 today, the rise leaves them just 20p above a new starter. In hospitality, a supervisor or chef de partie can end up close to a kitchen porter.

Plan now for:

• How much of a gap you want between entry, experienced and senior roles.
• Whether night, weekend and bank holiday premiums still look fair.
• Whether your pay offer stands out against local care, retail and hospitality employers.

Care sector: specific minimum wage risks

Care employers face some compliance traps that do not apply in most other sectors. GOV.UK lists the most common causes of underpayment in its employer checklist.

Travel time in domiciliary care

Time spent travelling between care visits counts as working time for minimum wage purposes. Travel from home to the first visit, and from the last visit home, does not (GOV.UK).

If you pay per visit, check that total pay divided by visit time plus travel time still reaches £13.20 an hour from April 2027.

Sleep-in shifts

GOV.UK lists “failure to pay sufficient money for any time worked during a sleep-in shift” as a common cause of underpayment. Time spent awake and working during a sleep-in counts. Check your sleep-in rates against the new rate.

Training and handovers

Mandatory training, inductions, handovers and time waiting to start a shift at the workplace can all count as working time. Pay for them at or above the minimum wage.

Hospitality: specific minimum wage risks

Tips do not count towards minimum wage

Tips from customers cannot be used to top up basic pay to the minimum wage. Since October 2024, employers must also pass on all tips to workers fairly.

Uniform and other deductions

Deductions or payments for items connected with the job, such as uniforms, knives or safety shoes, cannot take pay below the minimum wage. A worker on £13.20 who pays for their own uniform may be underpaid.

Staff accommodation

If you provide live-in accommodation, only the accommodation offset can count towards minimum wage pay. Charging more than the offset can cause underpayment. The 2027 offset rate is not yet confirmed.

Unpaid trial shifts

A trial shift that involves real work is normally working time. Pay for it.

Employer checklist: preparing for April 2027

1. Confirm the final rates on GOV.UK after the Budget.
2. List every worker paid under £13.20, plus 18–20-year-olds under £11.27.
3. Note birthdays. Workers who turn 21 or 18 move to a higher rate from the next pay reference period.
4. Update payroll for pay periods starting on or after 1 April 2027.
5. Review differentials for seniors, supervisors, team leaders and night staff.
6. Audit working time: travel between visits, sleep-ins, training and handovers.
7. Check deductions for uniform, equipment, accommodation and salary sacrifice.
8. Ask your agency for revised charge rates for temporary staff from April.
9. Update job adverts that show an hourly rate.
10. Keep records. You must keep records showing you paid the minimum wage.

Candidates: what the rise means for you

If you work in care or hospitality, here is what to know:

• Check your rate in April. From 1 April 2027 you should be paid at least £13.20 an hour if you are 21 or over, once the rate is confirmed.
• Count all your hours. In home care, travel between visits counts towards minimum wage.
• Check deductions. Uniform and other job-related costs must not take your pay below the minimum.
• Temps are covered too. Agency workers get the minimum wage from day one.
• Ask questions. If you think you are underpaid, raise it with your employer or agency first. You can also contact Acas on 0300 123 1100.

The minimum wage is a floor, not a target. Many care and hospitality roles pay more for experience, qualifications, nights and weekends. Look at the total package: hours, travel, overtime and progression.

National Living Wage vs real Living Wage

The two are often confused:

• National Living Wage: the legal minimum for workers aged 21 and over, set by government. Expected at £13.20 from April 2027.
• Real Living Wage: a voluntary rate set by the Living Wage Foundation based on living costs. It is £14.10 across the UK and £15.45 in London for 2026/27.

The Living Wage Foundation says a full-time worker on the new National Living Wage would earn over £1,700 a year less than on the real Living Wage.

Frequently asked questions

What will the National Living Wage be in 2027?

The National Living Wage is expected to be £13.20 an hour from 1 April 2027, up from £12.71. Confirm the final rate on GOV.UK.

What will the minimum wage be for 18 to 20-year-olds in 2027?

The 18 to 20 rate is expected to rise from £10.85 to about £11.27 an hour, a rise of about 3.9%.

When does the new minimum wage start?

The new rates start on 1 April 2027. They apply to pay reference periods beginning on or after that date.

Do agency workers get the National Living Wage?

Yes. Agency and temporary workers aged 21 and over must be paid at least the National Living Wage from their first shift.

Does travel time count for minimum wage in care work?

Travel between care visits counts as working time. Travel from home to the first visit and from the last visit home does not.

Can tips be used to pay the minimum wage?

No. Tips from customers do not count towards minimum wage pay.

Who enforces the minimum wage?

The Fair Work Agency, launched in April 2026, now enforces minimum wage rules. Employers who underpay must pay arrears and can face penalties and public naming.

How AESN can help

AESN supplies temporary and permanent staff across healthcare, care and hospitality, including healthcare assistants, support workers, chefs, and kitchen and front-of-house teams. We can help you:

• Plan your 2027 temporary staffing budget with clear, up-to-date charge rates.
• Cover rota gaps quickly with compliant, vetted temporary staff.
• Recruit permanent staff at a pay level that attracts and keeps good people.

Looking for work? Browse our current vacancies and register with AESN.

Contact AESN to talk about your staffing needs for 2027.

This guide is for anyone looking for seasonal work this year: students home for the holidays, parents wanting school-hours shifts, career changers, and experienced care or hospitality staff who want extra hours. It explains which roles are in demand, what you should be paid, the rights you have as a temporary worker, and how to get hired quickly.

Are there many Christmas temp jobs in 2026?

Yes, there are more than in the last two years, though fewer than before the pandemic. According to Indeed Hiring Lab, as of 2 October 2026:

• seasonal job postings were up 12% on the same point in 2024 and up 9% on 2025
• they were still 43% below 2018 levels
• Christmas job searches made up 0.6% of all UK searches on Indeed, among the strongest early-October readings since at least 2018.

In short, more people are looking and the number of jobs has only partly recovered. Applying early matters. Indeed’s data also shows searches climbing from September into November and December, so competition gets tougher the longer you wait.

Most advertised seasonal titles are in retail, warehousing and post. Hospitality and care get less attention in the headlines, but both need extra staff every December.

Which Christmas temp jobs are available in hospitality and care?

Hospitality

December is the busiest month of the year for many restaurants, hotels, pubs and event venues. Office parties, family meals and New Year’s Eve all need more hands. Typical seasonal roles include:

• Front of house: waiting staff, bar staff, hosts, runners and event servers
• Kitchen: chefs at every level (commis, chef de partie, sous chef), kitchen porters and kitchen assistants
• Hotels and venues: housekeeping, banqueting staff and cloakroom attendants
• Contract catering: staff for corporate events and Christmas functions

Care and healthcare

Care doesn’t stop for Christmas. Winter brings more illness, and permanent staff take leave, so providers rely on temporary cover. Roles include:

• healthcare assistants (HCAs) in hospitals and clinics
• care assistants and support workers in care homes
• support workers in supported living and community services
• registered nurses for agency and bank shifts

Care roles usually need more checks than hospitality work, including an enhanced DBS check. If you are new to care, start early, because training and checks take time. Our step-by-step guide on how to become a care worker in the UK explains the process.

When do Christmas temp jobs start?

Hiring usually begins in August and September for the biggest retailers, but hospitality and care keep recruiting into November and December. A rough timeline:

If you apply in December, you can still find work, especially last-minute cover. Expect fewer choices, though.

How much do Christmas temp jobs pay?

Every worker must be paid at least the legal minimum. These are the rates from 1 April 2026, according to GOV.UK:

Temporary, seasonal and agency workers are entitled to the same minimum rates as anyone else. Many employers pay above the minimum, particularly for experienced chefs, nurses and night shifts. Always check the hourly rate, any enhancements (for nights, weekends or bank holidays) and how often you will be paid before you accept a role.

New rates are due from April 2027. They don’t change what you are owed this Christmas.

Do you get paid more on Christmas Day?

Not automatically. There is no legal right to extra pay for working on Christmas Day, Boxing Day or other bank holidays. GOV.UK says bank or public holidays do not have to be given as paid leave. Any enhanced rate, such as time and a half, depends on your contract or the assignment terms. Ask before you accept the shift.

Your rights as a Christmas temp worker

Temporary doesn’t mean you have fewer basic protections. Here are the key rights for UK seasonal and agency workers. This is general information, not legal advice.

From your first day

If you work through an agency, GOV.UK states that you have a worker’s employment rights from the day you start. These include:

• at least the National Minimum Wage or National Living Wage
• paid holiday, which builds up as you work
• rest breaks and limits on working time
• protection from discrimination
• the same access to shared facilities as permanent colleagues, such as canteens, staff rooms and car parking.

After 12 weeks in the same job

Agency workers who stay in the same role with the same hirer for 12 weeks qualify for equal treatment. This includes the same pay as a comparable permanent colleague and paid annual leave on the same basis, according to GOV.UK. Most Christmas assignments are shorter than 12 weeks, but if yours rolls into the new year, keep track of your start date.

Holiday pay

Holiday builds up even on a short assignment. Acas explains that, since 1 April 2024, irregular-hours and part-year workers build up holiday at 12.07% of the hours worked in each pay period. For example, if you work 100 hours across December, you build up about 12 hours of paid holiday. If you leave before using it, you should be paid for what you haven’t taken. Some employers add holiday pay to each payslip as a separate line instead, so check your payslips.

Sick pay

Since 6 April 2026, Statutory Sick Pay (SSP) is payable from the first day of sickness, and the lower earnings limit has been removed, according to Acas. SSP is either £123.25 a week or 80% of your average weekly earnings, whichever is lower. To qualify, you must be classed as an employee. Agency workers are often eligible, but check with your agency. Read more in our guide to Statutory Sick Pay 2026.

Checklist: what you need before your first shift

Delays with paperwork are the most common reason a seasonal start date slips. Get these ready now:

1. Proof of your right to work in the UK. A passport or other accepted document, or a share code if you have a digital status. Every employer and agency must check this before you start.
2. National Insurance number.
3. Your P45 from your last job, if you have one. If you don’t, complete a starter checklist.
4. Bank details for wages.
5. An up-to-date CV, kept to one or two pages, showing customer service, catering or care experience.
6. Two references, ideally from recent employers or tutors.
7. For care roles: an enhanced DBS check (or details of an existing one on the Update Service), plus any certificates such as the Care Certificate, manual handling or first aid.
8. For kitchen roles: a food hygiene certificate if you have one, plus your own knives and whites if you are a chef and the employer asks.
9. Suitable shoes and clothing: non-slip black shoes for hospitality are often required.

If you are on a visa, check what work your visa allows before accepting shifts. Conditions such as weekly hour limits vary by visa type, so check GOV.UK or your sponsor.

What about emergency tax?

If your new employer doesn’t have your previous tax details, you may be paid on an emergency tax code (ending in W1, M1 or X). GOV.UK says this is usually temporary, and HMRC normally sends a corrected code within 35 days. Giving your P45 or completing the starter checklist straight away helps. You can claim back any tax you overpay.

How to get hired for a Christmas temp job quickly

Seasonal hiring moves fast. Employers want people who can start soon, are reliable and can work peak days. Here’s how to stand out.

1. Apply now, not in December. Rotas are being planned now.
2. Be clear about availability. List exact dates and shifts you can do, including evenings, weekends, Christmas Eve, Boxing Day and New Year’s Eve. Peak-day availability is often the deciding factor.
3. Tailor your CV to the sector. For hospitality, highlight speed, teamwork and customer service. For care, highlight compassion, reliability and any personal care experience, even unpaid.
4. Register with a specialist agency. One registration can put you forward for several employers, and agencies often get last-minute shifts you won’t see on job boards.
5. Get your checks done early. Right to work and, for care, DBS checks can take time. Being ready to start is a real advantage.
6. Turn up to trial shifts prepared. Arrive early, in the right clothing, and ask questions.
7. Treat it like a long-term interview. Reliability over Christmas is noticed.

Can a Christmas temp job become permanent?

It can. Many employers use the festive period to see how people work, and both hospitality and care have year-round vacancies. To improve your chances:

• tell your manager or agency early that you would like more work in January
• be reliable on the hardest shifts
• ask for feedback and offer to cover gaps
• keep your training and certificates up to date.

In care, temporary work is a common route into a permanent role, and experience gained over winter counts towards your career.

Frequently asked questions

When should I apply for Christmas temp jobs?

Apply from late October to mid-November. Many hospitality and care employers finalise December rotas in November, and Indeed data shows job searches rise steadily into December, so competition increases the longer you wait.

Do Christmas temp workers get holiday pay?

Yes. Holiday builds up from your first day. Irregular-hours and part-year workers build up holiday at 12.07% of hours worked in each pay period, and any untaken holiday should be paid when the job ends.

Is there a minimum age for Christmas temp jobs?

Rules depend on the job and the employer. Some roles, such as serving alcohol or certain care roles, may need you to be 18 or over. Minimum wage rates also vary by age: £12.71 an hour at 21 and over, £10.85 at 18 to 20 and £8.00 under 18 (from April 2026).

Can I do Christmas temp work alongside another job?

Usually, yes, as long as your main contract allows it and you keep within working time rules. Your second job may use a different tax code, so check your payslip.

Do I need experience for seasonal hospitality work?

Not always. Kitchen porter, runner and waiting roles are often open to newcomers. Experience helps for chef, bar and supervisory roles.

Do I need a DBS check for temporary care work?

Most care and healthcare assistant roles need an enhanced DBS check, even for short-term work. If you already have a DBS on the Update Service, tell your agency, as it may speed things up.

How AESN can help

AESN is a UK recruitment agency placing temporary and permanent staff in hospitality and healthcare, including chefs, kitchen and front-of-house staff, healthcare assistants, support workers and nurses. Our consultants match candidates to roles, guide you through right to work and compliance checks, and help you find shifts that fit your availability over Christmas and beyond.

Looking for Christmas work this year? Browse current AESN jobs or contact our team today to register.

This guide explains in plain English what an umbrella company is, what changed on 6 April 2026, how to read an umbrella payslip and which warning signs to look out for. It also covers what care and hospitality employers who use agency staff should check now.

What is an umbrella company?

An umbrella company is a business that employs temporary workers and pays their wages through PAYE. GOV.UK describes it as “a business often used by recruitment agencies to pay temporary workers”.

The umbrella company does not find you work. The recruitment agency does that. The umbrella company becomes your employer for pay purposes. It runs your payroll, deducts tax and National Insurance, and pays you.

Government estimates suggest around 700,000 people work through roughly 500 umbrella companies in the UK.

How do umbrella companies work?

A typical umbrella supply chain has four parties:

1. The client (hirer): the care home, NHS trust, hotel or restaurant where you do the work.
2. The recruitment agency: finds you the assignment, collects timesheets and invoices the client.
3. The umbrella company: employs you, receives money from the agency and runs your payroll.
4. You, the worker: you do the shifts, submit timesheets and receive your pay.

The money moves in this order. You submit your timesheet, the agency invoices the client, and the agency pays the umbrella company an agreed rate for your hours. The umbrella company then makes its deductions and pays you.

One point catches many people out. The rate quoted for an umbrella assignment is often not your gross pay. It usually has to cover the umbrella company’s costs before your own tax is taken off.

What changed on 6 April 2026?

From 6 April 2026, new PAYE rules apply to labour supply chains that include an umbrella company. They apply to payments made on or after that date, whenever the contract started.

In short, if an umbrella company fails to pay the PAYE income tax and National Insurance due on your wages, HMRC can now recover it from someone else in the chain:

• The agency that holds the contract with the end client to supply the worker. Where there is more than one agency, this is the one with the direct contract with the client.
• The end client, where there is no agency in the chain.

This is called joint and several liability. Legal commentary on the rules notes there is no “reasonable care” defence. An agency can be liable even if it did not know about the problem and had carried out checks.

The rules were designed to tackle non-compliant umbrella companies, including tax avoidance schemes and “mini umbrella company” fraud. The upshot for workers is that agencies and clients now have a strong financial reason to use only compliant umbrella companies. You should see fewer “too good to be true” pay offers as a result.

What the April 2026 rules do not change

• Your umbrella company is still your employer, and you still have employment rights with it.
• You are still responsible for making sure the right tax is paid. GOV.UK warns that this applies even when you are employed.
• The rules do not set a cap on umbrella margins or other deductions.

What changes are expected in 2027?

A second, separate reform is on the way under the Employment Rights Act 2025.

The Act widens the legal definition of an “employment business” in the Employment Agencies Act 1973 to include businesses that handle a worker’s pay. That brings umbrella companies into the same regulatory framework as recruitment agencies. The government’s factsheet says this is expected to start in 2027, together with amended Conduct Regulations.

Once it is in force, the Fair Work Agency will be able to regulate umbrella companies as it does other parties in the agency supply chain.

The Department for Business and Trade consulted from 6 February to 1 May 2026 on how the rules should apply. The consultation covered pay transparency, security for agency workers and giving workers more choice in how they are engaged and paid. At the time of writing (26 October 2026), the government says it is still analysing responses. We will update this guide when the final rules are published.

Your rights when you are paid through an umbrella company

According to GOV.UK, if an umbrella company employs you, you have the same employment rights as other employees. In practice, that means:

• A written employment contract from the umbrella company.
• At least the National Minimum Wage or National Living Wage, paid on time and in full. From 1 April 2026 the rates are £12.71 an hour (21 and over), £10.85 (18 to 20) and £8.00 (under 18 and apprentices).
• A payslip for every payment.
• Automatic enrolment in a workplace pension if you are eligible.
• Holiday pay, either rolled up into each payslip or calculated over a 52-week reference period and paid when you take leave. Ask your umbrella company which method it uses.
• Statutory Sick Pay if you qualify. Day-one SSP rules apply from April 2026, and our Statutory Sick Pay 2026 guide explains them.

The Key Information Document

Before you start, the agency must give you a Key Information Document. Under GOV.UK guidance it should show:

• which umbrella company the agency uses for the work
• the minimum assignment rate paid to the umbrella company
• what the umbrella company will deduct
• your minimum gross pay

If you have not received one, ask for it before your first shift.

How to read an umbrella company payslip

Umbrella payslips confuse many people because two sets of deductions are involved.

Step 1: employer costs come out of the assignment rate. These usually appear on a separate reconciliation statement, not on the payslip itself:

• the umbrella company’s fee (the “margin”)
• employer National Insurance
• employer pension contributions
• holiday pay, if it is held back or rolled up
• the Apprenticeship Levy, where it applies

What is left is your gross pay.

Step 2: employee deductions come out of gross pay. These are the same as in any PAYE job:

• Income Tax
• employee National Insurance
• your pension contributions
• student loan repayments, if they apply
• any other deductions you agreed to, or that are required by law

What is left is your net (take-home) pay.

Payslip checklist

• My gross pay matches or beats the minimum gross pay in my Key Information Document
• My hourly pay works out at no less than the minimum wage for my age
• Tax and National Insurance match what my HMRC personal tax account shows
• Pension contributions appear in my pension account
• I understand how my holiday pay is being paid
• The employer name and PAYE reference have not changed without explanation
• I have asked for a reconciliation statement if any figure is unclear

Keep copies of every payslip and statement. They are your evidence if something goes wrong.

Warning signs of a non-compliant umbrella company

GOV.UK lists these warning signs that an umbrella company may be involved in tax avoidance:

1. You get a separate payment described as non-taxable, such as a “loan”.
2. You receive more money than your payslip shows.
3. You are paid by someone other than the umbrella company, and that payment has not been taxed.
4. You are asked to sign an extra agreement alongside your employment contract.
5. Your employer’s name or PAYE reference changes often without you asking. This can point to mini umbrella company fraud.

Be wary of offers that promise unusually high take-home pay. If an offer looks too good to be true, take your time and ask for full written details. HMRC can recover unpaid tax from you, and getting out of a scheme later is stressful and expensive.

Do I have to use an umbrella company?

Not always. How you are paid depends on the agency and the assignment. Some agencies pay temporary workers directly through their own PAYE payroll, and others use one or more umbrella companies. Before you accept work, ask:

• Will I be paid through the agency’s payroll or an umbrella company?
• If it is an umbrella, which one, and what will it deduct?
• What is my minimum gross pay and how often will I be paid?
• How is my holiday pay handled?

The 2026 consultation looked at giving workers more choice in how they are paid. The final rules have not been published, so check for updates before relying on any change.

What care and hospitality employers should check now

If you hire agency staff and an umbrella company is anywhere in the chain, the April 2026 rules matter. Where you engage workers without a UK agency in between, they matter even more, because you may be the party HMRC pursues.

GOV.UK guidance for employment businesses and legal commentary point to these practical steps:

1. Map your labour supply chain. List every agency you use and ask whether umbrella companies are involved.
2. Keep supply chains short. Every extra link adds risk.
3. Use agencies that carry out and record due diligence on umbrella companies. Checks include Companies House details, VAT registration, bank account names, employers’ liability insurance and accreditations.
4. Review your contracts for warranties, indemnities, audit rights and information sharing on PAYE compliance. These will not stop HMRC recovering tax, but they may help you recover costs.
5. Be cautious with unusually low charge rates. A rate that looks cheap can hide non-compliance further down the chain.
6. Align HR, procurement and finance so nobody adds a new supplier without checks.
7. Plan for 2027. Watch for the government’s consultation response and any new Conduct Regulations for umbrella companies.

Quick example

Illustrative scenario, not a real case. A residential care home books night-shift healthcare assistants through an agency. The agency pays the workers through an umbrella company. During a busy winter, the umbrella company stops paying over the PAYE it deducts.

Under the 2026 rules, HMRC can recover the unpaid income tax and National Insurance from the agency that contracts with the care home. If the care home had booked the workers through an overseas intermediary with no UK agency, the risk could fall on the care home itself. Either way, the workers’ own payslips and HMRC records are what reveal the problem. That is why the checklist above matters.

Where to get help

• Start with your umbrella company for any question about pay or deductions.
• Talk to your agency if your pay does not match the Key Information Document.
• Contact Acas, Citizens Advice or a trade union if the problem is not resolved.
• Report tax fraud or avoidance to HMRC online or through its fraud hotline.
• Use the GOV.UK pay and work rights complaints service for minimum wage, agency or working time issues.

Frequently asked questions

What are the umbrella company rules for 2026?

From 6 April 2026, if an umbrella company does not pay the PAYE tax and National Insurance due on workers’ pay, HMRC can recover it from the agency that contracts with the end client. If there is no agency, it can recover it from the end client.

Are umbrella companies being banned?

No. Umbrella companies remain legal. The 2027 changes are expected to regulate them in a similar way to recruitment agencies, not to ban them.

Will I pay more tax through an umbrella company?

Your own Income Tax and employee National Insurance are worked out in the same way as in any PAYE job. The difference is that employer costs, such as employer NI and the umbrella margin, are usually taken from the assignment rate before your gross pay is set.

Can the agency choose my umbrella company?

Agencies often have a list of approved umbrella companies. The Key Information Document must tell you which one is being used. Whether workers will get more choice depends on the 2027 rules, which are still being finalised.

Does the umbrella company pay my holiday pay and sick pay?

Yes. As your employer, the umbrella company is responsible for holiday pay and, if you qualify, Statutory Sick Pay. Check your contract and payslip to see how holiday pay is handled.

What happens if my umbrella company goes bust or stops paying?

Raise it with your agency straight away and keep all your payslips and timesheets. Get advice from Acas or Citizens Advice. If you suspect tax fraud, report it to HMRC.

How AESN can help

AESN supplies temporary and permanent staff across healthcare, care, hospitality and other sectors.

• Candidates: ask your AESN consultant how you will be paid and what to expect on your payslip before your first shift. Browse current roles on our jobs page or apply online.
• Employers: if you need reliable temporary or permanent staff this winter, talk to us about your requirements and how our candidates are engaged.

Questions about temp work, pay or staffing? Contact the AESN team today.

On 22 September 2026 the government confirmed that, from April 2027, employees in Great Britain will have a day-one right to up to two weeks’ bereavement leave when a close family member dies, and the same right after a pregnancy loss before 24 weeks. For care homes, home care providers, restaurants and hotels, where rotas are tight and staff work across shifts, this is a change worth planning for now.

This guide explains what bereavement leave staff are entitled to today, exactly what changes in April 2027, and a practical checklist for care and hospitality employers.

This article is general information, not legal advice. Check the latest GOV.UK and ACAS guidance, or take advice, for your own situation.

Is bereavement leave a legal right in the UK right now?

In most cases, not as a dedicated right. Today the law gives employees three routes:

1. Time off for dependants. Employees have a legal right to a “reasonable” amount of time off to deal with an emergency involving a dependant, including when a dependant dies, to arrange or attend the funeral. The law does not set a number of days, and the time off is unpaid unless the employer chooses to pay.
2. Parental bereavement leave (“Jack’s Law”). Employees whose child dies under the age of 18, or who have a stillbirth after 24 weeks of pregnancy, can take two weeks’ leave from their first day of employment.
3. Employer discretion. Anything beyond that, such as time off after the death of a sibling, grandparent or friend, is “compassionate leave” offered under the employer’s own policy or contract.

ACAS is clear that there is currently no legal right to paid time off for bereavement, other than parental bereavement pay. Many employers pay some leave anyway, and staff may also choose to use paid holiday.

Current entitlements at a glance

To get Statutory Parental Bereavement Pay, an employee must have at least 26 weeks’ continuous employment, still be employed on the day of the death, and earn on average at least £129 a week. The leave itself needs no minimum length of service.

What changes in April 2027?

The Employment Rights Act 2025 creates a new statutory right to bereavement leave. The government’s response to its consultation, published on 22 September 2026, set out how it will work. The detail will be made in secondary legislation, with the new rights coming into force in April 2027.

The new right to bereavement leave: key facts

• Who: employees, from their first day in the job.
• When: the death of a “loved one” (see the list below), or a pregnancy loss before 24 weeks.
• How much: up to two weeks, pro-rated to the employee’s usual working pattern.
• When it can be taken: within 56 weeks of the death or loss, or of the date the employee found out about it.
• How: in one block or as separate single days.
• Notice: in the first eight weeks, before the start of the working day or as soon as reasonably possible afterwards; after eight weeks, one week’s notice. Any form of notice is acceptable.
• Evidence: employers cannot require evidence such as a death certificate.
• Pay: unpaid. The government has decided against statutory pay, though employers can choose to pay.
• Protection: the government says employees will be protected from detriment or dismissal for taking the leave.

Who counts as a “loved one”?

The government response lists:

• spouses, civil partners and partners in a committed relationship, whether or not they live together;
• parents;
• adult children;
• siblings;
• the biological, adopted, step and half versions of these relationships, plus equivalent parental relationships in kinship and foster care.

Grandparents, aunts, uncles, cousins and friends are not covered by the statutory right. Employers can choose to include them in their own policy.

What about pregnancy loss?

The new right also covers pregnancy loss before 24 weeks, including miscarriage, ectopic and molar pregnancy, termination, and loss after an IVF embryo transfer. It applies to the pregnant person and to their spouse, civil partner or partner, the other parent, an intended co-parent, and intended parents in a surrogacy arrangement. GOV.UK notes that around one in five women in the UK is estimated to experience a miscarriage in their lifetime.

How pro-rating works in practice

“Two weeks” means two of the employee’s normal working weeks:

The Monday–Friday and Monday–Tuesday rows follow the examples in the government response. The calculation method for irregular-hours staff, common in both care and hospitality, has not yet been published.

Why this matters for care and hospitality employers

Care and hospitality have some features that make bereavement leave harder to manage than in an office:

• Minimum staffing levels. A care home cannot run a shift below safe staffing, and a kitchen cannot open without a chef. A day-one, no-advance-notice right means you may find out about an absence at the start of a shift.
• Shift and irregular-hours patterns. Many staff work variable rotas, so pro-rating will need clear records of usual hours.
• Workforces with caring responsibilities. Many care workers support ageing parents and relatives. Bereavement is not rare; it is a routine HR event.
• Emotional strain. Care workers may also be grieving residents they have supported for years. That is not covered by the new right, but it affects wellbeing and retention.

Planning now helps you treat grieving staff well while keeping services safe.

Do agency workers get bereavement leave?

The new right, like parental bereavement leave and time off for dependants, is described as a right for employees. Whether a temporary worker qualifies depends on their employment status and who their employer is. Many agency workers are “workers” rather than employees, so they may not be covered by the statutory right, even though they can still stop accepting shifts while they grieve.

If you use agency staff, check this with the agency supplying them. Employers and candidates should look out for the final regulations and GOV.UK guidance, which the government says will be published alongside implementation.

A 7-step checklist to prepare before April 2027

1. Review your current policy. Do you have a bereavement or compassionate leave policy? ACAS publishes a free template you can adapt.
2. Decide whether to pay. The statutory right is unpaid. Decide whether you will pay some or all of the two weeks, and whether pay depends on length of service. Write it down so you are consistent.
3. Decide whether to go further. Will you cover grandparents, close friends, or the death of a resident a care worker has supported? Will you offer more than two weeks?
4. Update absence recording. Add bereavement leave as a separate absence type in your rota or HR system so it is not recorded as sickness or unauthorised absence.
5. Train managers. Make sure shift leaders know that from April 2027 they cannot demand evidence or advance notice in the first eight weeks, and that refusing or penalising leave could lead to a claim.
6. Plan your cover. Build a contingency for short-notice absences: a bank of trained staff, agreed overtime arrangements, or a temporary staffing partner who already knows your setting.
7. Communicate with staff. Tell your team what they can take now, what changes in April 2027, and where to find support (for example, your Employee Assistance Programme if you have one).

Example: how it might work in a care home from April 2027

Amira is a senior care assistant working four 12-hour shifts a week. Her brother dies unexpectedly on a Sunday night. She calls the home at 6am on Monday, before her 8am shift.

• She is entitled to up to two of her normal working weeks, so 8 shifts.
• She takes 4 shifts straight away, and keeps 4 to use later, for example for a funeral abroad and the first anniversary, as long as they fall within 56 weeks.
• Her manager cannot ask for a death certificate.
• Unless the employer’s policy pays it, the leave is unpaid. Amira could choose to use paid annual leave for some days instead.
• The manager covers the four shifts at short notice through the home’s bank and a temporary staffing agency.

This example is illustrative and based on the government’s published approach; the final regulations may change details.

Supporting grieving staff beyond the law

Good practice goes further than the legal minimum. ACAS suggests employers be consistent and clear, confirm leave and pay in writing, and recognise that grief can affect people at different times. Practical steps include:

• a phased return or temporarily lighter duties;
• flexibility for funerals that take place abroad or in line with religious practice (refusing time off for a religious ceremony could amount to discrimination);
• a named contact so the employee is not asked to repeat their news;
• checking in after the first few weeks, not just on day one.

The government response also cites a 2021 Sue Ryder estimate that grief-related presenteeism costs £16 billion a year. Supporting staff well is good for people and for retention.

Frequently asked questions

How many days bereavement leave do you get in the UK?

Right now there is no set number of days except for parental bereavement leave (two weeks) after the death of a child under 18 or a stillbirth. From April 2027, employees will have a right to up to two weeks after the death of a close family member or a pregnancy loss before 24 weeks.

Is bereavement leave paid in the UK?

Only parental bereavement leave can come with statutory pay (£194.32 a week or 90% of average earnings, whichever is lower, for eligible employees). The new April 2027 bereavement leave is unpaid by law, but employers can choose to pay it.

Can my employer ask for a death certificate?

Under the new statutory right from April 2027, no evidence can be required. Today, any evidence requirement depends on your employer’s policy.

Does bereavement leave cover grandparents?

Not under the new statutory right. Grandparents, extended family and friends are excluded, but your employer’s policy may include them.

When does the new bereavement leave start?

April 2027. The exact date and details will be set out in regulations, which have not yet been published.

Does it apply in Northern Ireland?

Northern Ireland has its own employment law and different rules. This guide covers England, Scotland and Wales. Check direct for Northern Ireland.

How AESN can help

Bereavement leave is often unplanned and immediate. AESN supplies vetted temporary and permanent staff across healthcare, care and hospitality, including healthcare assistants, support workers, chefs and front-of-house teams. Our candidates go through compliance checks such as Enhanced DBS and references, so you can cover a shift at short notice without compromising safety or service.

Need reliable cover while a team member takes time to grieve? Contact AESN today to talk about temporary or permanent staffing.

For care providers, the message is clear: staff retention in social care is now the main way to keep rotas covered. You can no longer rely on a steady supply of new starters to replace the people who leave.

This guide sets out what the 2026 figures say about care worker turnover, why staff leave, and a practical retention plan you can start this month.

Care workforce 2026: the key numbers

Skills for Care’s State of the adult social care sector and workforce in England 2026 covers the year to March 2026. Its headline figures, alongside its June 2026 Size and structure report, are below.

Two things stand out. First, workforce growth of 1.4% is the slowest in four years. Second, more than one in four care and support workers left their role during the year. Vacancies are lower, but churn is still high, and every leaver costs you time, money and continuity of care.

Why care worker turnover matters more in 2026

The overseas pipeline has closed

The government closed the social care worker visa route to new overseas recruits from 22 July 2025. Transitional arrangements apply to care workers already in the UK. Skills for Care’s chief executive, Professor Oonagh Smyth, has warned that “domestic workforce numbers are falling and there is no dedicated visa route for international recruitment”.

In practice, every experienced carer who leaves is harder to replace than it was two years ago.

Demand keeps rising

Skills for Care projects the sector will need a further 410,000 posts by 2040 as the population ages. Providers who build a stable team now will be better placed as demand grows.

Turnover is expensive

Each leaver means recruitment advertising, DBS and right to work checks, induction, Care Certificate training, shadow shifts and, often, agency cover while you recruit. It also affects the people you support, who value familiar faces.

Why care workers leave

The 2026 report and press coverage of it point to a few consistent drivers.

• Insecure hours. Around 21% of the adult social care workforce is on zero-hours contracts, compared with 4% of the economically active population. Among care workers, the figure is 29%, and it is 34% in domiciliary care. Skills for Care’s analysis shows care workers on zero-hours contracts are more likely to leave.
• Pay close to the minimum. The National Living Wage rose to £12.71 an hour for workers aged 21 and over from 1 April 2026. Many care roles are paid close to this, so a small hourly difference elsewhere — including in retail or hospitality — can pull staff away.
• Little progression. Experienced care workers often earn only slightly more than new starters, which weakens the reason to stay.
• Early-career exits. Staff aged under 25 had the highest turnover of any age group, at 35.5%, according to coverage of the report. Under-25s also make up a smaller share of the care workforce than of the wider working population.
• Leadership. Turnover falls as registered manager experience increases. Good managers keep good staff.

What the data says actually reduces turnover

The most useful finding for employers is what happens when good practices are combined. According to reporting on the 2026 report, care worker turnover roughly halved, from 34.3% to 15.3%, where employers combined five factors:

1. Competitive pay
2. Guaranteed hours (not a zero-hours contract)
3. Training
4. Relevant qualifications
5. Full-time employment opportunities

The report also found care worker turnover falls from 28.3% to 20.6% as registered manager experience increases.

No single change fixes retention. The biggest gains come from stacking several improvements together.

A 10-step staff retention plan for care providers

Use this plan to turn the findings into action. Most steps cost management time rather than large budgets.

1. Measure your own turnover

Calculate turnover for the last 12 months: leavers divided by average headcount. Compare it with the national 26.9% for care and support workers. Break it down by role, length of service, contract type and age.

2. Find out when people leave

If many leavers go within their first three to six months, your problem is onboarding, not pay. Track leavers by length of service.

3. Offer guaranteed hours where you can

Give staff the option of a contract with set minimum hours. Some people prefer flexibility, so ask rather than impose. Note that the Employment Rights Act 2025 includes planned reforms to zero-hours contracts; check GOV.UK for confirmed commencement dates before changing contracts.

4. Review pay against your local market

Benchmark against local care providers and nearby employers in retail, hospitality and the NHS. Small, visible increases for experience and qualifications can matter as much as the headline rate.

5. Build a clear progression path

Set out how a care worker can move to senior carer, team leader or deputy manager. Link each step to a qualification and a pay rise.

6. Invest in training and qualifications

Support staff through the Care Certificate and a relevant qualification. Training is one of the five factors linked to lower turnover, and it shows staff you are investing in them.

7. Strengthen induction and buddying

Pair every new starter with an experienced colleague for their first shifts. Check in at weeks one, four and twelve.

8. Support your registered manager

Manager experience is linked to lower turnover. Give managers time, training and admin support so they can lead rather than firefight.

9. Make rotas fair and predictable

Publish rotas early, share weekend and bank holiday cover fairly, and keep travel time reasonable for homecare staff.

10. Run stay interviews, not just exit interviews

Ask current staff what keeps them and what might make them leave. Act on the answers and tell staff what changed.

Quick retention checklist

• We know our turnover rate for the last 12 months
• We know how many leavers left in their first six months
• Staff can choose a contract with guaranteed hours
• Our pay has been benchmarked locally in the last 12 months
• Experience and qualifications are rewarded with pay
• Every new starter has a buddy and scheduled check-ins
• Our registered manager has protected time and support
• Rotas are published at least two weeks ahead
• We run stay interviews at least once a year
• We have a reliable plan for short-notice cover

Example: a homecare branch tackling early leavers

Illustrative example, not a real provider. A homecare branch finds that half of its leavers go within three months, mostly new carers on zero-hours contracts with long unpaid travel gaps. It offers new starters a guaranteed-hours option, groups calls by area to cut travel, and adds a buddy for the first two weeks. It also uses a recruitment agency for short-notice temporary cover so permanent staff are not pushed into excessive overtime.

The lesson: diagnose first, then fix the specific reason people leave.

Where temporary staff fit in a retention strategy

Agency and temporary staff are not a replacement for a stable permanent team. But used well, they protect retention:

• They stop permanent staff burning out during sickness, holiday and peak periods such as winter.
• They let you keep safe staffing levels while you recruit carefully, rather than hiring in a rush.
• A contract-to-hire arrangement lets you and the worker try the role before committing to a permanent contract.

If you use agency workers, remember they have rights too, including equal pay and conditions after 12 weeks in the same role under the Agency Workers Regulations.

Advice for care workers: what to look for in an employer

If you work in care and are thinking about your next move, the 2026 data suggests asking employers:

• Can I have a contract with guaranteed hours?
• Will you support me to gain a qualification?
• Is there a pay step for experience or qualifications?
• How long has the registered manager been in post?
• How far ahead are rotas published?

New to the sector? Read our guide on how to become a care worker in the UK.

Frequently asked questions

What is the care worker turnover rate in 2026?

Skills for Care’s 2026 report puts turnover for care workers and support workers at 26.9% in 2025/26. That is equivalent to about 221,000 leavers in 12 months.

What is the social care vacancy rate in 2026?

The vacancy rate was 6.2% in 2025/26, the lowest since 2015/16. That is around 96,000 vacant posts on any given day.

What reduces staff turnover in care homes?

Skills for Care’s data shows the biggest reduction comes from combining competitive pay, guaranteed hours, training, qualifications and full-time opportunities. Experienced, well-supported registered managers also reduce turnover.

Can care homes still recruit care workers from overseas?

The social care worker visa route closed to new overseas recruits from 22 July 2025. Transitional arrangements apply to some workers already in the UK. Check GOV.UK for the current rules before making any sponsorship decision.

What is the minimum wage for care workers in 2026?

Care workers aged 21 and over must be paid at least the National Living Wage, which is £12.71 an hour from 1 April 2026.

Are zero-hours contracts still allowed in social care?

Yes, for now. The Employment Rights Act 2025 contains planned reforms to zero-hours contracts, but these are not yet in force. Check GOV.UK and ACAS for confirmed dates.

How AESN can help

AESN is a UK recruitment agency supplying healthcare and care staff, including healthcare assistants, support workers and nurses, on temporary, permanent and contract-to-hire terms. We can help you:

• Cover short-notice gaps with pre-vetted temporary staff, so your permanent team is not overstretched
• Recruit permanent care staff carefully, with compliance checks handled
• Trial candidates through contract-to-hire before making a permanent offer

Talk to our team about your staffing needs today: contact AESN.

The good news is that vacancies have eased, and more candidates are looking for work than a year ago. Providers who recruit care workers well, onboard them quickly and keep them, are filling rotas. This guide explains what has changed, where to find care staff in the UK now, and a step-by-step process you can use before winter.

The short answer: how do you recruit care workers in 2026?

To recruit care workers in 2026, most providers in England now need to hire from the UK labour market. In practice that means:

1. Widening your talent pool to career changers, returners, students and people from retail and hospitality.
2. Recruiting for values and training for skills.
3. Making the offer competitive on pay, hours and travel, not just the hourly rate.
4. Running compliance checks (right to work, enhanced DBS, references) quickly and properly.
5. Using temporary or contract-to-hire staff to cover gaps while you build a permanent team.
6. Focusing hard on retention, especially in the first 90 days.

What has changed for care worker recruitment?

The care worker visa route closed to overseas applicants

From 22 July 2025, the Immigration Rules closed entry clearance (applications from outside the UK) for Skilled Workers sponsored as care workers and home carers (occupation code 6135) and senior care workers (code 6136). According to the Home Office explanatory memorandum to the rule change (HC 997):

• People already in the UK on another visa can still switch into these roles during a transition period until 22 July 2028.
• To switch, a worker must have been legally working for the provider sponsoring them for at least three months before the certificate of sponsorship is assigned.
• Workers already on the Skilled Worker route in these roles are exempt from the closure.
• The Government has said the transitional arrangement will be kept under review.

In England, sponsored care workers and senior care workers must also work for an employer registered with the Care Quality Commission (CQC). If you are thinking about sponsorship, take specialist immigration advice before assigning any certificate of sponsorship.

International recruitment has dropped, and so has the British workforce

Skills for Care’s 2026 report on the size and structure of the adult social care workforce in England (covering 2025/26) shows how fast things have moved:

Source: Skills for Care, The size and structure of the adult social care sector and workforce in England, 2026. The 2024/25 vacancy figure is derived from the reported fall of 11,500.

Two other figures matter for employers:

• Only around 1,500 of those 30,000 international recruits came through the Health and Care Worker visa.
• Filled posts held by British nationals fell by 40,000 (3.6%) in 2025/26, and by 130,000 since 2020/21.

Looking ahead, Skills for Care estimates that around 410,000 extra posts could be needed by 2040 to keep pace with the growing population aged 65 and over.

The jobs market is loosening, but care demand is still rising

The KPMG and REC UK Report on Jobs published on 10 October 2026 found that candidate availability kept rising sharply in September, although at the slowest pace in three years. Overall vacancies fell, but Nursing/Medical/Care was one of only three sectors to record growth in demand for temporary staff. Hotel and catering saw some of the sharpest falls in vacancies.

For care employers, that combination is an opportunity. More people are looking for work, including people leaving hospitality and retail, while demand for care staff keeps growing.

Where to find care workers in the UK now

With overseas hiring mostly closed, the providers doing best are fishing in more ponds. Good sources include:

• Career changers from hospitality and retail. Customer service, shift work and working under pressure transfer well to care.
• Returners. Former carers, parents returning to work and people who left the sector during the pandemic.
• Students and graduates. Nursing, health, psychology and social work students often want flexible, relevant shifts.
• People already in the UK with the right to work. This includes dependants and others whose visa conditions allow the work. Always check, never assume.
• Local community networks. Colleges, Jobcentre Plus, community groups and staff referral schemes.
• A specialist healthcare recruitment agency. An agency with an existing pool of vetted candidates can fill temporary shifts quickly and shortlist permanent hires.

Recruit for values, train for skills

Many great care workers have never worked in care. Skills for Care has long promoted values-based recruitment: hiring people whose values, such as compassion, respect and reliability, match your service, and then training the practical skills. New starters in CQC-regulated services are expected to complete a structured induction covering the Care Certificate standards.

Ask scenario questions at interview rather than only checking experience. For example: “A resident refuses their lunch and becomes upset. What would you do?”

A step-by-step process to recruit care workers

Use this process to cut time-to-hire without cutting corners.

1. Define the role properly. Domiciliary or residential? Days, nights or waking nights? Driver required? Clear job descriptions reduce early leavers.
2. Set a competitive offer. The National Living Wage is £12.71 an hour for workers aged 21 and over from April 2026, so a rate close to the legal minimum will struggle to compete. Compare total package: guaranteed hours, paid travel time and mileage for home care, shift patterns, training and progression.
3. Write an honest, mobile-friendly advert. Lead with pay, location, hours and what support new starters get. Most care candidates apply from their phones.
4. Respond within 24–48 hours. Good candidates are often talking to several providers at once.
5. Interview for values. Use scenario questions and, where possible, a short shadow shift or visit.
6. Run compliance checks in parallel. Start right to work, enhanced DBS and reference checks straight after the offer, not one after another.
7. Onboard in the first week. Induction, shadowing, rota and a named buddy before the first solo shift.
8. Check in at 30, 60 and 90 days. Many care workers who leave do so early. A short check-in catches problems in time.

Compliance checklist for hiring care staff

Compliance is not optional, and CQC inspectors will look at your recruitment records. Before a new care worker starts unsupervised, make sure you have:

• A right to work check completed before employment starts, using the correct method for the person’s documents or share code
• An enhanced DBS check with a check of the adults’ barred list where the role involves regulated activity
• Satisfactory references, with any gaps in employment history explained
• Evidence of identity and relevant qualifications or training
• A health declaration where appropriate
• A signed contract or written statement of particulars on or before day one
• Induction and Care Certificate progress recorded
• For sponsored workers only: the correct certificate of sponsorship, CQC registration and immigration advice

For more detail, see our guides to right to work checks and DBS checks.

Permanent, temporary or contract-to-hire: which is right?

Most providers need a mix. Here is how the options compare.

A practical example: a 40-bed residential home loses two night carers in October. It books vetted temporary night staff to keep the rota safe, runs a permanent campaign at the same time, and converts one strong temporary worker to permanent through a contract-to-hire arrangement by December.

How to keep the care workers you recruit

Recruiting is expensive. With independent-sector turnover at 23.6% in 2025/26, keeping people is the cheapest way to fill your rota. Practical steps:

• Guaranteed hours where you can. Many care workers leave because their hours are unpredictable.
• Paid travel time and fair mileage in home care.
• Rotas published early so staff can plan childcare and second jobs.
• A clear progression path, such as senior care worker, team leader or nursing associate routes.
• Recognition and supervision that actually happen, not just on paper.
• Fair treatment at work. Employment law is changing under the Employment Rights Act 2025. See our guide to the Employment Rights Act October 2026 changes for what applies now.

Common mistakes when recruiting care workers

• Only accepting candidates with previous care experience
• Slow replies and long gaps between interview and offer
• Starting new staff before checks are complete
• Advertising “competitive pay” without stating the rate
• Relying on one channel, such as a single job board
• Leaving new starters without shadow shifts or a named buddy

Frequently asked questions

Can UK care providers still sponsor care workers from overseas?

Not from outside the UK. Since 22 July 2025, entry clearance for care workers and senior care workers has closed. People already in the UK on another visa can switch until 22 July 2028 if they have worked legally for the sponsoring provider for at least three months. Rules can change, so check GOV.UK and take immigration advice.

Why is it so hard to recruit care workers?

Care work is demanding, and pay has historically been close to the National Living Wage. Overseas recruitment has fallen sharply and the number of British nationals in the workforce has dropped. Vacancies have eased to 6.2%, but there were still around 96,000 vacancies on an average day in 2025/26.

Do care workers need qualifications?

Not usually to start. Most providers hire for values and provide an induction covering the Care Certificate standards, then support qualifications later.

 What checks are needed before a care worker starts?

At minimum: a right to work check, an enhanced DBS check with an adults’ barred list check for regulated activity, and satisfactory references. CQC expects safe recruitment records for all staff.

How quickly can an agency supply care staff?

It depends on the role, location and the checks already held. Agencies with a pre-vetted pool can often cover temporary shifts much faster than a direct hire, while permanent placements take longer.

Is it cheaper to use temporary staff or hire permanently?

Permanent staff usually cost less per hour over time, but temporary staff avoid the cost of empty shifts, overtime and burnout. Most providers use both.

How AESN can help

AESN supplies CQC-standard care talent, from healthcare assistants and support workers to Registered Nurses (RGN/RMN), to hospitals and care homes. We offer temporary staffing, permanent placement and contract-to-hire, and every candidate is vetted before deployment, including enhanced DBS checks and reference history.

Whether you need night cover this week or a permanent team for the year ahead, talk to AESN today.

Statutory sick pay (SSP) changed on 6 April 2026. It is now paid from the first day of sickness, and there is no longer a minimum earnings threshold. For care homes, home care providers, restaurants, hotels and the agency workers who keep them staffed, this is the first autumn and winter under the new rules.

That matters because winter is when short absences peak. Coughs, colds, flu and stomach bugs hit hardest in shift-based, people-facing jobs. This guide explains how statutory sick pay works in 2026, how much it is, who qualifies, and what employers and workers in care and hospitality should do now.

This article is general information, not legal or payroll advice. Check GOV.UK or ACAS guidance, or take professional advice, for your situation.

What changed with statutory sick pay in April 2026?

The Employment Rights Act 2025 made two big changes to SSP in Great Britain. Both came into force on 6 April 2026 under the Employment Rights Act 2025 (Commencement No. 3 and Transitional Provisions) Regulations 2026.

1. No more waiting days. SSP used to start on the fourth qualifying day of sickness. The three unpaid “waiting days” have gone. SSP is now payable from the first day of sickness absence.
2. No lower earnings limit. Before April 2026, employees had to earn at least £125 a week (the 2025/26 lower earnings limit) to qualify. That threshold has been removed, so lower-paid and part-time staff are now covered.

To keep costs in check, a new earnings-linked rate applies. SSP is the lower of the flat weekly rate or 80% of the employee’s average weekly earnings.

The government estimated that up to 1.3 million low-paid employees would become eligible. It put the extra cost to employers at around £450 million a year, or about £15 more per employee.

Before and after at a glance

How much is statutory sick pay in 2026?

For the 2026/27 tax year, statutory sick pay is £123.25 a week, or 80% of average weekly earnings if that is lower. It is paid for up to 28 weeks.

Average weekly earnings are normally worked out over the 8 weeks before the absence. Someone who started recently and has not yet had 8 weeks’ pay still qualifies; their employer works out the amount from what they have been paid.

SSP is paid only for qualifying days: the days the person would normally be required to work. To get a daily amount, divide the weekly SSP figure by the number of qualifying days in that week.

Worked examples

These simplified examples assume steady earnings over the previous 8 weeks.

The 80% rule mostly affects people earning less than about £154 a week. Above that, 80% of earnings is more than the flat rate, so the £123.25 cap applies.

Employers can pay more through a company (occupational) sick pay scheme. They cannot pay less than SSP. Tax and National Insurance are deducted from SSP in the usual way.

Who qualifies for statutory sick pay?

To get SSP, a person must:

• be classed as an employee for SSP purposes (paid through PAYE)
• have done some work for the employer
• be sick for at least one full working day
• tell their employer they are sick, within the employer’s deadline or within 7 days if none is set

Some people are excluded. Examples include anyone who has already had the maximum 28 weeks, someone receiving Statutory Maternity Pay, and people who were in custody or on strike on the first day of sickness. GOV.UK lists the full set of exceptions.

Do agency workers get statutory sick pay?

Yes. ACAS confirms that agency workers paid through PAYE can get SSP. Since April 2026 that is from day one of sickness, with no earnings threshold.

In practice, SSP is usually paid by whoever employs the worker for PAYE purposes. For most agency workers that is the agency (or the umbrella company running their payroll), not the care home or restaurant where they are placed. Check your agreement if you are unsure.

There is one grey area. Legal commentary points out that workers on assignment-to-assignment arrangements may have no contract between assignments, so there may be no SSP for those gaps. If an assignment has been agreed and booked but not started, entitlement is less clear-cut. Take advice on specific cases.

Do zero-hours and part-time workers get sick pay?

Often, yes. Removing the lower earnings limit means low hours no longer rule someone out. A zero-hours or casual worker who is an employee for SSP purposes and is off sick from shifts they were due to work can qualify.

Where there is no regular work pattern, ACAS advises employers to agree with the worker which days count as qualifying days. Rotas published in advance make this much easier to evidence.

What if I have more than one job?

You may get SSP from each employer. This is common in care and hospitality, where people combine a care contract with agency shifts or bar work.

Why this matters for care and hospitality this winter

Short-term sickness is the biggest driver of absence. The ONS reported a UK sickness absence rate of 2.0% in 2025, about 148.8 million working days lost, or 4.4 days per worker. Minor illnesses such as coughs, colds and flu were the most common reason, at 30.4% of absences.

Two findings matter most for these sectors:

• Part-time workers had a higher absence rate (2.8%) than full-time workers (1.9%). Care and hospitality rely heavily on part-time staff, many of whom are newly eligible for SSP.
• Short absences are now paid from day one. Under the old rules, a two-day bug cost the worker their wages and the employer nothing in SSP. Now the first day is paid.

The government’s aim is to reduce “presenteeism”: people coming to work ill because they cannot afford not to. In a care home or a kitchen, that is a real infection-control and food-safety risk. Paying from day one should help staff with a sickness bug stay at home, which protects residents, patients, customers and colleagues.

For managers, the trade-off is cost and cover. You may see more single-day absences reported formally, and every one now has a payroll cost. Planning cover before the winter peak is the most practical response.

Employer checklist: getting statutory sick pay right in 2026

ACAS recommends auditing records, updating payroll, reviewing policies, training managers and communicating with staff. For care and hospitality employers, that translates into:

• Check payroll settings. Confirm your software pays SSP from day one, applies the 80% calculation and no longer uses the £125 threshold.
• Identify newly eligible staff. List part-time, bank, casual and zero-hours employees who earn under about £154 a week.
• Update your absence policy. Remove references to waiting days and the lower earnings limit. Set a clear reporting deadline and a named contact.
• Define qualifying days. For staff without fixed patterns, agree in writing which days count, ideally linked to published rotas.
• Record absence from day one. Log the date reported, the reason given, the days missed and any evidence received.
• Know the fit note rule. Staff can self-certify for the first 7 calendar days. After that, you can ask for a fit note, and you can ask sooner if your policy says so. Be reasonable if a fit note is delayed.
• Track linked periods. Two spells of sickness, each at least one full working day and 8 weeks or less apart, count as one linked period for the 28-week limit.
• Send form SSP1 on time. Use it when an employee does not qualify (within 7 days of their first day off) or when SSP is ending.
• Remember holiday. Statutory annual leave keeps building up during sick leave.
• Brief your managers. Make sure shift leaders know how sickness should be reported and recorded.
• Plan winter cover. Agree a process for booking temporary staff quickly when absences cluster.

SSP enforcement is moving to the new Fair Work Agency, so mistakes are more likely to be picked up. Getting the basics right now is far cheaper than fixing underpayments later.

What workers need to know

If you work in care or hospitality, whether directly employed or through an agency, here is what to do if you are ill:

1. Tell your employer or agency as soon as you can, using the method in your policy. If no deadline is set, it must be within 7 days.
2. Check which days you were due to work. SSP is paid for those qualifying days only.
3. Self-certify for short absences. For 7 days or less you can usually complete a self-certification form.
4. Get a fit note if you are off longer than 7 days, or earlier if your employer asks. GPs, nurses, pharmacists and some other healthcare professionals can issue them.
5. Check your payslip. SSP is paid like normal wages, weekly or monthly, with tax and National Insurance deducted.
6. Raise problems early. If your SSP looks wrong, speak to your employer or agency first. If it is not resolved, contact the HMRC enquiry line or get advice from ACAS.

In care and food roles, also follow your employer’s infection-control rules. For example, food handlers often need to stay away for a period after vomiting or diarrhoea stops. Ask your manager what your workplace requires.

Frequently asked questions

Is statutory sick pay paid from day one in 2026?

Yes. Since 6 April 2026, SSP has been payable from the first day of sickness absence. The three waiting days have been removed.

How much is statutory sick pay per week?

£123.25 a week in 2026/27, or 80% of your average weekly earnings if that is lower. It lasts for up to 28 weeks.

Is there still a minimum earnings level for SSP?

No. The lower earnings limit was removed on 6 April 2026. Low earners now qualify, but they receive 80% of their average weekly earnings if that is less than £123.25.

Do agency workers get sick pay?

Agency workers paid through PAYE can get SSP, usually from the agency or umbrella company that pays them. There may be no entitlement in gaps between assignments where no contract exists.

When do I need a fit note?

If you are off sick for more than 7 calendar days, or earlier if your employer requires one.

Can my employer pay me more than SSP?

Yes. Many employers offer company sick pay. They cannot pay less than SSP if you qualify.

Does holiday build up while I am off sick?

Yes. Statutory annual leave continues to accrue during sick leave.

How AESN can help

AESN is a UK recruitment agency supplying temporary and permanent staff across healthcare, care, hospitality and general roles. When winter sickness leaves gaps in your rota, we can help you find vetted healthcare assistants, support workers, chefs, kitchen staff and front-of-house teams. For temporary placements, we handle payment for the staff we supply.

Looking for work this winter? Browse current vacancies, including healthcare support worker roles, and register with us through the Candidate Hub.

Need reliable cover before the winter peak? Contact AESN today to talk to our team.

This guide explains how to become a care worker in 2026: what the job involves, the checks and training you will need, what you can expect to earn, and how a recruitment agency can help you land your first shift.

Why 2026 is a good time to become a care worker

The care sector is hiring, and it is hiring people who are already in the UK.

• It is a huge workforce. Skills for Care estimates there were around 1.59 million filled posts in adult social care in England in 2025/26.
• Jobs are still going unfilled. The same report puts vacancies at around 96,000, a vacancy rate of 6.2%. That is the lowest since 2015/16, but still well above many other sectors.
• Home care needs people most. Vacancy rates were about 9.1% in domiciliary (home) care, compared with under 4% in care homes.
• Demand will keep growing. Skills for Care projects the sector will need around 410,000 more posts by 2040 as the population ages.
• Employers are recruiting locally. The Care Worker visa route closed to new applicants from overseas on 22 July 2025, so providers now rely more on people already living in the UK.
• Pay negotiations are coming. In July 2026 the government confirmed an Adult Social Care Negotiating Body will be set up by the end of 2026, with the first Fair Pay Agreement expected by April 2028.

In short: if you are looking for work and you care about people, providers want to hear from you.

What does a care worker do?

Care workers help people live as safely and independently as possible. Your clients might be older people, people with dementia, adults with learning disabilities or physical disabilities, or people recovering from illness.

A typical day might include:

• helping with washing, dressing, eating and using the toilet (personal care)
• prompting or supporting with medication, once you are trained
• preparing meals and drinks
• helping people move safely, using approved techniques and equipment
• noticing changes in health or mood and reporting them
• writing clear, accurate care notes
• spending time with people: conversation, activities and companionship

Care worker, support worker or healthcare assistant?

Job titles overlap, which can be confusing when you search for work.

The core skills are the same, so experience in one role helps you move into the others.

Do you need qualifications to become a care worker?

No. Most entry-level care worker jobs do not ask for formal qualifications or previous experience. Employers look for:

• kindness, patience and respect for people’s dignity
• reliability and good timekeeping
• clear spoken and written English, so you can follow care plans and write notes
• willingness to learn and follow procedures
• being comfortable with personal care tasks

Some roles need more. Home care jobs often ask for a full UK driving licence and access to a car. Nursing home and hospital HCA roles may prefer some care experience.

How to become a care worker: 7 steps

1. Check you have the right to work in the UK

Every employer or agency must check your right to work before you start. Have your documents ready, such as a passport or, if you have one, a share code from the GOV.UK online service.

2. Get your documents together

You will usually need proof of identity, proof of address (for example a recent bank statement or utility bill), your National Insurance number and details of two referees. Gathering these early can speed up your start date by days.

3. Prepare for an enhanced DBS check

Personal care for adults is “regulated activity” under the Safeguarding Vulnerable Groups Act 2006. That means care workers normally need an enhanced DBS check with an adults’ barred list check. Your employer or agency applies for it; you provide your details and ID.

The Disclosure and Barring Service refreshed its eligibility guidance on 1 September 2026, so employers are checking roles against the new documents. If you are already on the DBS Update Service, tell your recruiter, as it can make rechecks quicker.

4. Write a care-focused CV

You probably have more relevant experience than you think. Include:

• looking after a relative, child or friend
• customer-facing jobs in hospitality or retail (patience, communication, working under pressure)
• volunteering
• any training, such as first aid or food hygiene

Keep it to two pages and lead with a short profile saying why you want to work in care.

5. Apply and prepare for interview

Care interviews are often value-based. You may be asked how you would protect someone’s dignity, what you would do if a client refused care, or how you would handle a safeguarding concern. Use real examples: “When my grandmother needed help, I…”.

6. Complete your induction and the Care Certificate standards

New starters in England are inducted against the 16 Care Certificate Standards. These cover topics such as duty of care, safeguarding, communication, privacy and dignity, infection prevention and health and safety. Expect mandatory training in moving and handling, basic life support and, later, medication.

7. Start work and keep learning

Your first weeks usually include shadow shifts alongside experienced colleagues. After that, ask about qualifications. The next section explains the options.

Training and qualifications that move your career forward

Level 2 Adult Social Care Certificate

The Level 2 Adult Social Care Certificate is a nationally recognised, Ofqual-regulated qualification based on the 16 Care Certificate Standards. According to Skills for Care:

• it typically takes 6 to 8 months to complete, or less if you already have experience
• eligible employers in England can claim up to £1,540 per learner through the Learning and Development Support Scheme
• you must be 16 or over and directly employed to provide an adult care service

Because it is employer-funded, ask about it once you are in a permanent or directly employed role.

Diplomas and progression

After Level 2, many care workers take a Level 3 Diploma in Adult Care and move into senior care worker, team leader or specialist roles. Some go on to nursing apprenticeships or nursing degrees.

The government’s Care Workforce Pathway sets out a national career structure for adult social care. In July 2026 it was expanded to cover nearly all care roles, including new role categories such as care technologists and activity co-ordinators.

How much do care workers earn in 2026?

Pay depends on the employer, the setting, your location and whether you work days, nights or weekends. What we can say for certain is the legal minimum. From 1 April 2026 the National Minimum Wage rates are:

Some points to remember:

• Many providers pay above the minimum, especially for nights, weekends, bank holidays and hard-to-fill shifts.
• Home care workers should be paid for travel time between visits. Ask how an employer handles this before you accept.
• The first Fair Pay Agreement, backed by £500 million in 2028-29, is expected to set sector-wide pay and terms from April 2028.

Always compare the hourly rate, guaranteed hours, holiday pay and travel arrangements, not just the headline figure.

Agency, temporary or permanent: which route is right for you?

There is more than one way into care work.

Working through a recruitment agency means one registration can open up several employers, and your checks are handled in one place.

Checklist: are you ready to apply?

• Right to work documents ready
• Photo ID and proof of address
• National Insurance number
• Two referees (one recent employer if possible)
• Up-to-date CV highlighting caring and customer service experience
• Details for an enhanced DBS check, or your Update Service number
• Driving licence, if applying for home care
• Your availability: days, nights, weekends

Working in Scotland, Wales or Northern Ireland

The steps are similar across the UK, but registration and checks differ. Social care workers in Scotland and Wales generally need to register with the Scottish Social Services Council or Social Care Wales, and Scotland uses PVG checks through Disclosure Scotland. Check the rules for the nation you will work in.

FAQs

Can I become a care worker with no experience?

Yes. Most entry-level care roles accept people with no experience and provide induction and training against the Care Certificate standards.

How long does it take to become a care worker?

You can often start within a few weeks. The main waits are your DBS check and references. Having your documents ready speeds things up.

What DBS check does a care worker need?

Care workers who provide personal care to adults normally need an enhanced DBS check with an adults’ barred list check, because the work is regulated activity.

Is the Care Certificate a qualification?

The Care Certificate is a set of 16 standards, not a qualification. The Level 2 Adult Social Care Certificate is the accredited qualification based on those standards.

What is the minimum wage for care workers in 2026?

Care workers are covered by the National Minimum Wage. From April 2026 the National Living Wage for workers aged 21 and over is £12.71 an hour. Many employers pay more.

Can I work in care part-time or around childcare?

Yes. Care runs around the clock, so there are early, late, night and weekend shifts. Agency and bank work can be especially flexible.

Can I move from hospitality into care?

Yes. Hospitality builds customer care, teamwork and resilience, which carry straight into care work. Many people make this switch.

How AESN can help

AESN is a UK recruitment agency placing healthcare assistants, support workers and nurses in temporary and permanent roles. When you register with us, we will:

• talk through the kind of care work that suits you
• help you get your right to work, ID and DBS paperwork in order
• match you with suitable healthcare and care vacancies
• support you through our 24/7 helpline once you are working

You can register at our Stockley Park office in Uxbridge (Monday to Friday, 9am to 3:30pm). Bring your ID, proof of address, right to work documents and any certificates or DBS you hold.

Ready to start your care career? Contact AESN today or browse our current healthcare assistant and support worker roles.

For most office-based businesses, these changes mean updating a policy or two. For care homes, home care providers, hotels, restaurants and event venues, they go further. Your staff spend every shift with residents, patients, families, guests and customers. From 30 October 2026, how you protect them from those people becomes a legal duty, not just good practice.

This guide explains what the Employment Rights Act October 2026 changes are, what they mean for frontline employers, and the practical steps to take in the next four weeks.

This article is general information, not legal advice. For decisions about specific cases, speak to an employment solicitor or contact Acas.

The Employment Rights Act October 2026 changes at a glance

The rest of this guide takes each change in turn.

1. Tribunal time limits have doubled to six months (live from 1 October 2026)

Until now, most employment tribunal claims had to be started within three months less one day of the act being complained about. From 1 October 2026, that window is six months for most claims, including unfair dismissal, discrimination and unlawful deductions from wages. The change was brought in by The Employment Rights Act 2025 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2026.

Which cases does it apply to?

The new limit applies where the relevant date, usually the date of dismissal or the act complained of, falls on or after 1 October 2026. Ongoing conduct can be harder to date, so an earlier incident may still be caught if it forms part of a continuing pattern.

Why it matters more than it sounds

Acas early conciliation pauses the clock. That pause was extended to 12 weeks in December 2025. Add a six-month limit, and a former employee could bring a claim close to 10 months after leaving.

For care and hospitality employers, where staff turnover is high and managers move on quickly, that creates a real evidence problem. By the time a claim lands, the manager who made the decision may have left, and rotas, messages and CCTV may be gone.

What to do now

• Extend how long you keep disciplinary, grievance and dismissal records
• Write down the reasons for decisions at the time, not later
• Collect witness contact details before staff leave
• Review CCTV and messaging retention so footage is not wiped too early
• Make sure exit processes capture any complaints raised on the way out

2. Sexual harassment: from “reasonable steps” to “all reasonable steps” (from 30 October 2026)

Since October 2024, the Worker Protection Act 2023 has required employers to take reasonable steps to prevent sexual harassment. From 30 October 2026, the Employment Rights Act raises the bar: employers must take all the steps that are reasonable for their organisation to prevent sexual harassment, according to GOV.UK’s business guidance.

The word “all” matters. Doing some sensible things will no longer be enough if there were other reasonable steps you could have taken and did not. The government also has powers to set out specific steps employers must take in future regulations.

What “all reasonable steps” looks like in practice

What is reasonable depends on your size, sector and type of work. Acas points to measures such as:

• A written harassment policy that staff actually know about
• A risk assessment of where and when harassment is likely
• Training for staff and managers
• Clear, safe ways to report concerns, including anonymously
• Monitoring and recording incidents so patterns are spotted
• Updating contracts and terms with third parties
• Physical measures such as alarms or cameras where appropriate

A care provider with lone workers visiting homes at night will need different steps from a small café. The test is whether you have done everything reasonable for your setting.

3. Third-party harassment: the change frontline employers cannot ignore (from 30 October 2026)

This is the most significant October change for AESN’s core sectors. From 30 October 2026, employers must not permit the harassment of their employees by third parties, such as customers and clients. The protection covers harassment related to protected characteristics under the Equality Act 2010, apart from pregnancy and maternity and marriage and civil partnership. It applies in England, Wales and Scotland, not Northern Ireland.

Acas defines a third party as “anyone a worker is in contact with through work” who does not work for you. That includes customers, clients, service users, contractors, event attendees and members of the public, online or in person.

What this means in care and healthcare

Care workers and healthcare assistants regularly face verbal abuse, racist comments or unwanted sexual behaviour from service users or their relatives. Some of this is linked to dementia or other conditions, which makes it complex. The new law does not change your duty of care to residents. It does mean you must take all reasonable steps to protect staff too.

Practical examples:

• Recording known risks in care plans and sharing them with every worker, including agency staff, before a shift
• Pairing staff or changing allocations where a resident has a pattern of harassing behaviour
• Setting clear expectations with families and visitors, for example in visiting policies
• Giving lone home care workers a way to raise an alarm and leave unsafe situations
• Debriefing staff after incidents and logging them, not treating them as “part of the job”

What this means in hospitality

Bar staff, waiters, hotel housekeepers and event staff face harassment from guests, often late at night and sometimes involving alcohol. Examples of reasonable steps include:

• Visible notices that harassment of staff will not be tolerated
• A clear policy for refusing service or removing guests
• Never sending housekeeping staff alone into rooms where a guest has behaved inappropriately
• Making sure supervisors back staff who report guest behaviour
• Including conduct expectations in event and corporate booking terms

What about agency workers?

If you use temporary staff, both you and your recruitment agency have a part to play. Agree in writing who carries out risk briefings, how incidents are reported, and who follows them up. A worker who has never been told about a known risk on site is poorly protected, whoever their employer is.

4. Trade union rights: new information duty and access (from 30 October 2026)

From 30 October 2026, employers must inform workers of their right to join a trade union. The exact content, form and frequency of that statement are still to be confirmed in regulations. New rights also let unions request access to workplaces, physically and by digital communication, to meet, recruit and represent workers. Disputes over access go to the Central Arbitration Committee.

For adult social care in England, the Act also creates a framework for a Fair Pay Agreement, negotiated through a new Adult Social Care Negotiating Body. Care employers should follow GOV.UK and Skills for Care announcements as the details develop.

What to do now

• Prepare to add right-to-join wording to written statements of particulars and onboarding packs once the format is confirmed
• Brief managers on how to respond to an access request
• Avoid any action that could look like discouraging union membership

5. Looking ahead: six-month unfair dismissal rights from 1 January 2027

The October changes are a warm-up for January. From 1 January 2027, the qualifying period for ordinary unfair dismissal falls from two years to six months, and the cap on the compensatory award is due to be removed. Protections against fire and rehire, where staff are dismissed for refusing changes to core terms such as pay, hours or holiday, also begin.

Any employee who already has six months’ service on 1 January 2027 will gain protection that day. That means anyone who started on or before 1 July 2026 is already on track.

For care and hospitality employers, that changes how probation works. Six months becomes the real decision point. Good hiring is now a compliance issue as well as an operational one.

How to prepare

• Review probation periods and make sure reviews happen on time, with notes
• Train managers to address performance early, not at month five
• Tighten selection: right to work, references, DBS checks for regulated roles and realistic job previews
• Use temporary-to-permanent routes where you want longer to assess fit

Your October 2026 employer checklist

Use this checklist to work through the changes before 30 October.

• Extend retention of HR records, CCTV and messages to cover a six-month-plus claim window
• Update your sexual harassment policy to reflect the “all reasonable steps” duty
• Add third-party harassment to the policy, with examples relevant to your setting
• Complete or refresh a harassment risk assessment covering service users, families, guests and contractors
• Train managers and supervisors on handling reports, including from agency staff
• Set up a simple incident log and review it monthly
• Update visitor policies, guest terms and booking terms
• Agree harassment briefing and reporting responsibilities with your recruitment agency
• Prepare right-to-join-a-union wording for contracts and onboarding
• Review probation processes ahead of 1 January 2027

What the changes mean for care workers and hospitality staff

If you work in care, healthcare or hospitality, these changes strengthen your position:

• More time to act. If you are dismissed or treated unfairly on or after 1 October 2026, you generally have six months to start a claim, after first contacting Acas for early conciliation.
• Protection from customers and service users. From 30 October 2026, your employer must take all reasonable steps to stop harassment by people you meet through work.
• Union information. You will be told about your right to join a trade union.
• Earlier unfair dismissal rights. From 1 January 2027, protection starts after six months, not two years.

If you face harassment at work, report it using your employer’s procedure and keep a written note of dates and details. Acas offers free, impartial advice.

How AESN can help

The safest way to manage these changes is to hire well and brief people properly from day one. AESN supplies healthcare assistants, support workers, nurses, chefs and hospitality staff across the UK. We help employers with:

• Compliant candidate screening, including right-to-work and DBS checks where required
• Temporary and permanent placements for care, healthcare and hospitality roles
• Clear communication of site risks and expectations before every placement

To talk about your staffing needs ahead of October and January, contact the AESN team.

Frequently asked questions

What are the Employment Rights Act October 2026 changes?

Employment tribunal time limits rise from three to six months from 1 October 2026. From 30 October 2026, employers must take all reasonable steps to prevent sexual harassment, protect staff from harassment by third parties, and tell workers about their right to join a union.

What is third-party harassment at work?

It is harassment of a worker by someone who does not work for the employer, such as a customer, client, patient, resident, relative or contractor. From 30 October 2026, employers can be liable if they fail to take all reasonable steps to prevent it.

Does third-party harassment apply to care homes?

Yes. Residents, service users and visitors are third parties. Care employers must balance their duty of care to residents with taking all reasonable steps to protect staff.

How long do you have to make an employment tribunal claim from October 2026?

For most claims where the relevant date is on or after 1 October 2026, the limit is six months. Acas early conciliation must normally come first and can extend the deadline.

Do the changes apply in Northern Ireland?

No. The Employment Rights Act 2025 changes covered here apply in England, Wales and Scotland. Northern Ireland has separate employment law.

When does unfair dismissal protection change to six months?

From 1 January 2027. Employees with six months’ service on that date gain protection immediately.

Do small employers have to comply?

Yes. What counts as “all reasonable steps” depends on an employer’s size and resources, but the duties apply to employers of every size.

The Employment Rights Act October 2026 changes put frontline employers under the spotlight. Care and hospitality staff deal with the public every day, and the law now expects employers to plan for that. Start with the checklist above, talk to your recruitment partner, and use October to get ready for the bigger shift in January 2027.

This guide explains what changed, the three legal ways to do a right to work check, how share codes work, what to do about follow-up checks, and how to stay compliant when you use agency or contract labour.

What is a right to work check?

A right to work check confirms that someone has permission to work in the UK and to do the specific work you’re offering. The legal basis is the Immigration, Asylum and Nationality Act 2006. The detailed method is set out in the Home Office’s Employer’s guide to right to work checks.

Three rules shape every check:

• Check everyone, including British and Irish citizens, the same way.
• Check before work starts. A check done after the first shift doesn’t give you a statutory excuse for the time already worked.
• Follow the prescribed method exactly. A check that cuts corners may not protect you.

What changed on 1 October 2026?

Section 48 of the Border Security, Asylum and Immigration Act 2025 widens who counts as an “employer” for right to work purposes. Under the Home Office’s updated guide, in force from 1 October 2026, the scheme now applies where a business engages people under:

• a worker’s contract, for example casual, zero-hours or temporary workers who aren’t employees
• an individual sub-contractor arrangement
• an online matching service, meaning platforms that match service providers with customers for payment

The government has highlighted sectors such as construction, food delivery, beauty salons and courier services, but the rules aren’t limited to those sectors.

Who it applies to: the new civil penalty liability covers these arrangements where the work sectors such as logistics, facilities management and hospitality started on or after 1 October 2026. Even so, it’s sensible to review existing contractors and casual workers now, so you aren’t caught out when engagements are renewed or restructured.

Does this change anything for agency workers?

Under the Home Office guide, when a worker is supplied by an employment business (a recruitment agency that supplies temporary workers), that business counts as the worker’s employer for right to work purposes. It’s therefore responsible for the check.

If your labour comes through longer chains, such as an agency plus an umbrella company or a contractor plus subcontractors, agree in writing who carries out each check and ask for evidence that it’s been done. Don’t assume someone else has done it.

The three ways to do a right to work check

Key details most guides miss

• BRPs are no longer accepted. Biometric residence permits stopped being issued on 31 October 2024. People with an eVisa can only prove their right to work through the online service, and a manual check of an expired BRP isn’t acceptable proof.
• Expired British and Irish passports are accepted in two cases. In a manual check, a British or Irish passport is acceptable whether current or expired. Under the 2026 guidance, digital verification providers can also verify British or Irish passports up to 6 months past expiry.
• You still have to match the face. Whatever the method, satisfy yourself that the photo matches the person in front of you.

Right to work share codes: what employers and workers need to know

A right to work share code is a 9-character code beginning with “W”. It’s valid for 90 days and can be used as many times as needed in that period.

• Workers generate a code through GOV.UK’s “Prove your right to work to an employer” service. British and Irish citizens don’t need one. They prove their right to work with documents or a digital verification provider.
• Employers enter the code and the person’s date of birth on GOV.UK’s “Check a job applicant’s right to work” service. The result shows what work the person can do and any time limit.
• Reject codes beginning with “R” or “S”. These are for renting a property or other services, not employment.

How to do a right to work check: step by step

1. Choose the method that fits the person’s status (see the table above).
2. Get the evidence: original documents, a share code and date of birth, or a digital verification result.
3. Check it in the person’s presence (in person or by live video). Confirm the photo matches, the dates are valid and the work allowed covers the role.
4. Check restrictions. Students, for example, may have limits on term-time hours. Make sure the role and hours you’re offering fit within any conditions.
5. Keep a clear copy and record the date you did the check.
6. Set a reminder for any follow-up check if their permission is time-limited.
7. Store the records securely for the whole time the person works for you and for two years afterwards, then securely destroy them.

Follow-up checks and the Employer Checking Service

If someone has time-limited permission, your statutory excuse only lasts until that permission ends. Do a follow-up check before it expires.

If someone can’t show their right to work because they have a pending application, appeal or administrative review with the Home Office, use the Employer Checking Service (ECS):

• The ECS aims to respond within five working days of a valid request.
• A Positive Verification Notice gives you a statutory excuse for six months from the date in the notice. Diarise a re-check before then.

Right to work checklist

Print or adapt this for every new starter, worker, casual or individual subcontractor:

• not doneCheck done before the first day or shift
• not doneRight method used: manual, online share code or digital verification provider
• not doneOriginal documents seen (manual), or share code starting with “W” confirmed (online)
• not donePhoto matches the person
• not doneDates valid; any work restrictions noted and compatible with the role and hours
• not doneClear copy or profile page saved, with the date of the check recorded
• not doneFollow-up date set for time-limited permission (or the six-month PVN date)
• not doneIn agency, umbrella or subcontractor chains: who checks is agreed in writing and evidence received
• not doneRecords stored securely: duration of work plus two years
• not doneProcess applied consistently to everyone, whatever their nationality

Penalties for getting it wrong

Enforcement is active. The Home Office reported 11,000 illegal working raids and more than 8,000 arrests between October 2024 and September 2025.

Avoiding discrimination

The Home Office is clear that employers should check all workers consistently, including British citizens. Don’t make assumptions based on race, nationality, accent, surname or how long someone has lived in the UK. Giving everyone a reasonable chance to prove their right to work, and using the same process every time, protects you from both illegal working penalties and discrimination claims.

What about digital ID?

Right to work checks still use the three methods above. In July 2026 the government confirmed it would not go ahead with the national digital ID scheme that had been proposed for right to work checks. Keep an eye on GOV.UK for any new digital documents that become acceptable for checks.

Using a recruitment agency for right to work compliance

When an agency supplies temporary workers, it carries the right to work responsibility as the employment business. That’s one reason businesses facing seasonal peaks or short-notice gaps use a compliant agency instead of engaging casual labour directly. At AESN, right to work verification is part of candidate vetting, alongside references and, for eligible roles, DBS checks.

If you’re a hirer, still ask your agency:

1. Which method it uses, and how it records the date of each check
2. How it handles time-limited permission and follow-up checks
3. Whether umbrella companies or other intermediaries are involved, and who checks in that case

Frequently asked questions

Do I need to do a right to work check on British citizens?

Yes. Employers should check every worker, including British and Irish citizens, before they start. British and Irish citizens can use a passport (current or expired, for a manual check), other acceptable documents, or a certified digital verification provider.

How long is a right to work share code valid?

A share code is valid for 90 days from when it’s issued and can be used as many times as needed in that period. It’s 9 characters long and begins with “W”. Codes starting with “R” or “S” aren’t valid for employment checks.

Can I do a right to work check over a video call?

For a manual check, you can see the person by live video, but you must have the original documents in your possession. Online share code checks and digital verification provider checks are designed to be done remotely.

Who is responsible for right to work checks on agency workers?

The employment business (the agency) is treated as the worker’s employer for right to work purposes, so the agency must carry out the check. Hirers should still confirm in writing that checks are being done, especially in longer supply chains.

What happens if a candidate can’t get a share code because their application is pending?

Use the Employer Checking Service. It aims to reply within five working days. A Positive Verification Notice gives you a statutory excuse for six months.

How long do I need to keep right to work records?

For the whole time the person works for you, and for two years after the work ends. Then destroy them securely.

Do the October 2026 rules apply to subcontractors and gig workers?

Yes, in many cases. From 1 October 2026 the Right to Work Scheme covers people engaged under a worker’s contract, individual subcontractors and online matching services. The new civil penalty liability applies to engagements that began on or after 1 October 2026.

Can I accept a photocopy or a scan of a passport?

Not for a manual check. You must check the original document with the holder present, then make and keep your own copy.

Need compliant staff without the admin?

If you need vetted temporary, contract or permanent staff, explore AESN’s staffing services or speak to our team about your hiring plans. Candidates can see how AESN supports you through vetting before browsing current jobs.