A 2026 Turning Point for Shift Workers: What the Employment Rights Bill Really Means for Your Rota

From 2026, new legal protections poised to reshape how shift-work is managed could finally bring more predictability and fairness for variable-hours and agency workers. These changes, under the Employment Rights Bill, may fundamentally alter the balance of power in the workplace, especially for those whose work lives are currently defined by uncertainty.

What the New Rights Will Mean for Shift-Based & Agency Workers

A Right to Reasonable Notice of Shifts

• Agency workers will be legally entitled to reasonable notice from either their agency or the hirer before being scheduled for a shift.

• Crucially, “reasonable notice” doesn’t just cover when the shift starts: it must include how many hours the shift will last, and when it will start and end.

• The Bill presumes notice given less than a “specified amount of time” before a shift starts is not reasonable, though that “specified amount of time” is left to further regulations.

  
  

Notice & Compensation When Shifts Are Cancelled or Changed

• Workers also gain a right to reasonable notice if a shift is cancelled or changed (e.g., a shift’s start time is moved, or its hours are reduced).

• If a shift is cancelled, moved, or cut short at short notice, the agency will need to pay a “specified amount” to the worker.

• Importantly, if there is contractual pay already owed for those hours, that pay counts towards the compensation obligation.

• Agencies will be able to recover some or all of those cancellation payments from the hirer, but only if there's an agreement in place that allows cost-sharing.

  
  

Guaranteed-Hours Offers for Agency Workers

• If a worker is on a zero-hours or very irregular contract but works regularly, they will have a right to a guaranteed-hours offer from the end hirer.

• The “regular hours” are likely to be calculated over a reference period. The government’s consultation response has indicated this may be 12 weeks.

• This reform is explicitly designed to limit exploitative zero-hours arrangements, ensuring workers aren’t indefinitely stuck in uncertainty.

  
  

Statutory Sick Pay (SSP) Overhaul

• The Bill proposes making SSP payable from day one of sickness, removing the usual waiting days.

• The lower-earnings threshold for SSP eligibility would be removed, meaning more low-paid and part-time workers could qualify.

• For those who qualify, SSP would be 80% of their average weekly earnings (or a statutory rate, whichever is lower).

  
  

Why These Reforms Are a Game-Changer — Especially for Rotas

• Greater Predictability: By mandating notice of shifts (and changes), the legislation encourages employers to plan ahead, meaning employees can better organise transport, childcare, and other responsibilities.

• Fairer Risk Distribution: With compensation for short-notice cancellations, workers no longer absorb all the risk when their shifts are scrapped.

• Real Security for Agency Workers: Guaranteed hours offers help convert unstable work into something more consistent, making income more reliable.

• Increased Well-being: Better sick pay terms support workers who currently might forgo days off because they can’t afford to be off without pay.

• Stronger Accountability: Both agencies and hirers share liability for giving notice and compensation. If they fail, there’s a legal claim.

  
  

Key Risks & Uncertainties to Watch

• Undefined Terms: “Reasonable notice” and “short notice” are not clearly defined in the Bill itself; regulations will set the specifics, which creates uncertainty now.

• Recovering Cancellation Costs: While agencies can recoup costs from hirers, this depends on agreements being in place, not guaranteed in all cases.

• Reference Period Variability: While 12 weeks is expected, how that period is defined could change in final regulations.

• Scope of Application: Some truly temporary or seasonal work might be excluded, depending on how “regular hours” and “qualifying worker” are interpreted.

• Employer Pushback: Some businesses are concerned about the cost and flexibility impact of these rights, especially for last-minute shift planning.

  
  

Bottom Line

These reforms mark a significant shift in power toward shift workers and agency staff. For too long, many people working variable hours have lived with unpredictability, but these legal changes aim to make rosters more stable, fair, and transparent. The big question now is how the final regulations will flesh out the details because that will determine how strong these protections really are.