UK compliance: what your HR system must handle
- HR software supports compliance; it does not deliver it on its own.
- Three 2026 changes affect HR systems directly: holiday records, right to work scope and data protection complaints.
- The Employment Rights Act 2025 is being phased in through 2027, so your system must keep up with change.
Important: no system makes you compliant by itself. Compliance depends on the accuracy of the data you enter and the processes you follow. What good HR software does is make the right process the easy one, keep the evidence, and remind you when something is due. "Compliant" is a word almost every HR system uses. This section sets out what UK law actually requires of your records and processes.
Holiday and leave records
Since 6 April 2026, employers in Great Britain have been legally required to keep records adequate to show compliance with statutory annual leave and holiday pay, and to keep them for at least six years. The duty was introduced into the Working Time Regulations 1998 by the Employment Rights Act 2025. It covers leave taken, holiday pay and what was included in it, carry-over, and payments in lieu, including for irregular-hours and part-year workers. Failing to keep adequate records is a criminal offence, and the Fair Work Agency, established in April 2026, enforces holiday pay rights.
For many organisations this turns holiday tracking from an admin convenience into a legal record. What to look for: leave balances and accrual rules that cope with irregular hours, a full history of requests and approvals, a link between leave and the holiday pay actually paid, and retention settings that keep records for at least six years. See ACAS guidance on keeping holiday records, holiday entitlement on GOV.UK, and our guide to holiday entitlement for all workers.
Right to work
You must check that every employee has the right to work in the UK before their employment starts, keep evidence of the check during employment and for two years after, and repeat it where permission is time-limited. If you employ someone without the right to work and did not carry out the correct checks, you can face a civil penalty of up to £60,000 per illegal worker. The starting point for a first breach is £45,000 per worker. Biometric residence permits are no longer valid evidence; most non-British and non-Irish workers now prove their status with a share code through the Home Office online service.
From 1 October 2026, the illegal working regime also extends beyond contracts of employment, to cover workers, individual subcontractors and some platform-based arrangements. If your HR system only holds employees, it may no longer hold everyone you are responsible for checking.
What to look for: a place to store check evidence against each person, the date and method of the check, expiry tracking with automatic reminders for follow-up checks, and the ability to hold non-employee workers. Most HR systems record and remind rather than perform the check itself. See the employer's guide to right to work checks and our right to work checks guide.
Data protection
Your HR system holds the most sensitive personal data your organisation keeps, including health information from sickness records, which is special category data under UK GDPR. The Data (Use and Access) Act 2025 has amended the framework, and since 19 June 2026 organisations have needed a formal process for handling data protection complaints from individuals, including employees.
What to look for: role-based access so managers see only what they need, an audit trail of who viewed and changed records, configurable retention and deletion rules, and the ability to extract everything held about one person quickly when a subject access request arrives. See the ICO's employment practices and data protection guidance and our guide to payroll data security and GDPR.
Statutory leave and pay
Statutory Sick Pay, maternity, paternity, adoption, shared parental and parental bereavement leave all depend on accurate absence data reaching payroll. The rules are changing: from April 2026, SSP became payable from the first day of sickness absence with no minimum earnings requirement, and paternity leave and unpaid parental leave became day-one rights. What to look for: absence types that match UK statutory categories, eligibility dates tracked automatically, and a clean handover of absence data to payroll.
Reporting duties
Employers in Great Britain with 250 or more employees must report and publish gender pay gap figures each year, which relies on accurate pay, hours and employee data. Under the Employment Rights Act 2025, gender pay gap and menopause action plans are due to become mandatory for employers with 250 or more workers in 2027. What to look for: reports built from the same data payroll uses, rather than a separate extract assembled by hand.
Keeping up with change
The Employment Rights Act 2025 is being implemented in stages through 2027, including changes to unfair dismissal qualifying periods, flexible working and guaranteed hours. Each change has implications for the data you hold and the processes your system runs. ACAS keeps an up-to-date summary of Employment Rights Act changes and their dates. Northern Ireland has its own employment legislation, so if you employ people there, check that your system supports both regimes.
What to ask: how quickly does the vendor release legislative changes, who is responsible for configuring them, and what did they deliver for the April 2026 changes?
| UK obligation |
What to look for in your HR system |
| Holiday records (six years) |
Accrual for irregular hours, full leave history, link to holiday pay, six-year retention |
| Right to work |
Evidence storage, check dates, expiry reminders, non-employee workers in scope |
| UK GDPR and DUAA |
Role-based access, audit trail, retention rules, fast subject access extracts |
| Statutory leave and pay |
UK absence types, eligibility tracking, clean data to payroll |
| Gender pay gap reporting |
Reports built on payroll-grade data |
| Legislative change |
Clear release process and evidence of recent UK updates |