Published October 1, 2026 Written by NDNA

More employment law changes are coming: Here’s what NDNA members need to know

Are you fed up of trying to keep on top of employment law changes on top of the consistent ratios, recruitment, and rising costs of running a nursery? It’s hard to know what you need to know and what you need to action. We’ve partnered with Citation, a trusted provider of HR, Employment Law and Health & Safety support, so that you, our members, stay compliant and keep your teams protected. Citation’s Employment Law experts recap what changes are already in place, what’s coming next, and what you need to do now in this article.

A quick recap: what changed in April 2026

On 6 April, a few changes to Statutory Sick Pay (SSP) took place:

It’s payable from day one of sickness absence instead of the previous day four.
Every employee qualifies for SSP, regardless of what they earn.

It’s a big shift for nurseries as you deal with part-time, term-time, and variable-hours staff. That means having return-to-work conversations and self-certifications matter more than ever.

Paternity leave and unpaid parental leave are also now day-one rights, with no qualifying service period (though statutory paternity pay itself still requires 26 weeks’ service). It’s worth making sure your managers know how to handle requests, including how any resulting absence is covered without breaching ratios.

And on 7 April, the government established the Fair Work Agency (FWA), a single enforcement body that will build up powers over 2026 and 2027 covering National Minimum Wage, holiday pay, and SSP. With variable hours and staggered shifts common in early years, you need to make sure payroll, holiday pay, and SSP records are accurate and easy to produce.

What’s coming next, and how to prepare

Two major changes are worth getting ahead of now, rather than waiting for them to land.

From 1 January 2027, staff will be able to bring an ordinary unfair dismissal claim after six months in post down from the current two years, and the current compensation cap disappears with it. Early years has higher turnover than many sectors, and new joiners are often working directly with children within weeks of starting, so the early months of employment carry more weight than they used to. Three things are worth checking before January:

Does a six-month probation still makes sense, or would a shorter period with an extension option fit your setting better?
Are check-ins being properly recorded during probation, so there’s a paper trail if things don’t work out?
Does your induction cover safeguarding, ratios, key person responsibilities and reporting lines from day one?

From 30 October 2026, employers will have an extended duty to show they’ve taken “all reasonable steps” to prevent harassment, and that duty covers third-party harassment of your workers. Given how much contact staff have with parents and caregivers at drop-off and pick-up, this is particularly important. Make sure you’ve got a clear reporting route that staff know about and can actually use, backed by manager training on how to respond.

Why Health & Safety matters even more for you

Early years settings carry very specific risks:

Manual handling, including lifting and carrying children
Hygiene and infection control across baby, toddler, and pre-school rooms
Safe use of outdoor play equipment and supervision during outdoor learning
Slips, trips, and safe use of kitchen and changing facilities
Lone working, including early openings, late collections, and settling-in visits

If you get Health & Safety wrong, the fallout can include enforcement action, reputational damage, or difficulties at your next Ofsted inspection.

Citation supports nurseries with HR, Employment Law and Health & Safety compliance in one place. That covers risk assessments and safe systems of work, contracts and policies, and day-to-day advice when things get complicated.

What NDNA members can do now

Rather than waiting for each change to land, get ahead:

Probation and dismissals – review contracts, train managers to document concerns, and start recording all dismissal decisions clearly.
Contracts and policies – update flexibility clauses, family-friendly policies, notice periods and termination clauses.
Sick pay and absence – audit your SSP processes, make sure absence reporting is documented and accessible across rooms and settings, and encourage consistent tracking.
Manager training – build room leader and manager confidence in handling absence, performance, and early-stage conversations; improve documentation skills.
Budget planning – model the cost impact of day-one rights and review legal expenses insurance.

Citation, on hand for NDNA members

These are important changes, and they’re landing at a time when many nurseries are already under pressure.

Citation supports early years settings with HR and Employment Law compliance, from policy and contract updates to manager training and day-to-day advice when things get complicated.

As an NDNA member, you’re entitled to a 10% discount on new client contracts. Call 0345 844 1111 or click here and quote ‘NDNA’ when you get in touch.