11th March 2026 ❘ Legal News and Commentary
The Employment Rights Act 2025: What employers need to prepare for in April 2026
The Employment Rights Act 2025: What employers need to prepare for in April 2026
UK Employers will face several important changes to workplace law from April, as key provisions of the Employment Rights Act 2025 begin to take effect. The reforms expand employee entitlements and increase potential liabilities for organisations that fail to comply, meaning businesses should review their policies and procedures ahead of the implementation date.
So, what do you need to consider?
Updating sickness absence policies…
From 6th April, Statutory Sick Pay (SSP) will be payable from the first day of sickness, removing the existing three-day waiting period. The reforms will also remove the lower earnings limit, meaning part-time and lower-paid workers will now qualify.
What should you do for this?
- Update sickness and absence policies to reflect day-one SSP entitlement
- Ensure payroll systems can process SSP for employees who previously did not qualify
- Train HR teams and managers on the new eligibility rules
These changes may increase short-term absence costs, particularly in sectors with large numbers of casual or lower-paid workers.
Preparing for “day-one” family leave rights…
The reforms introduce day-one eligibility for paternity leave and unpaid parental leave, meaning eligible employees will be able to access these rights from the start of employment, where previously, these rights were only available to employees who had completed a “qualifying service period”.
A new entitlement, Bereaved Partner’s Paternity Leave (provided for under The Bereaved Partner’s Paternity Leave Regulations 2026), will also allow surviving partners to take up to 52 weeks of leave if a child’s mother, primary carer or adopter dies during the first year after birth or adoption.
What should you do for this?
- Update employee handbooks and family leave policies
- Review internal HR processes for approving leave requests
- Ensure managers understand that length-of-service checks will no longer apply
Reviewing redundancy consultation procedures…
The reforms also increase the penalties for failing to properly consult staff during large-scale redundancies. The maximum protective award for breaches of collective consultation rules will double from 90 days’ pay to 180 days’ pay per affected employee.
What should you do for this?
- Audit current redundancy consultation procedures
- Ensure HR teams understand collective consultation thresholds and timelines
- Seek legal advice when planning restructures involving large groups of staff
The financial risk of non-compliance will be significantly higher once the new rules are in force.
Sexual Harassment Protections…
As of the 6th of April 2026, sexual harassment will constitute a ‘qualifying disclosure’ under whistleblowing legislation. This will strengthen protection for workers against detriment and unfair dismissal, when reporting sexual harassment in the workplace.
What should you do for this?
- Update internal whistleblowing and sexual harassment policies to ensure compliance
- Ensure HR Teams and managers are aware of, and understand the updated position
Gender Pay Gap and Menopause Action Plans…
From the 6th of April 2026, employers may voluntarily introduce and publish Gender Pay Gap and Menopause action plans, which will become mandatory measures for employers with 250 or more employees, in early 2027.
What should you do for this?
- Prepare action plans early, to avoid delay and non-compliance when the action plans become mandatory
- Review and update internal policies where necessary to maintain cohesion
- Await further guidance on the implementation date of mandatory action plans
Expect stronger enforcement…
The Government will also establish a new Fair Work Agency on the 7th of April 2026, to oversee compliance with employment rights. The agency will bring together enforcement functions currently spread across several regulators.
What should you do for this?
- Conduct an internal compliance review of employment practices
- Ensure payroll, leave, and worker classification processes are accurate
- Prepare for greater regulatory scrutiny and enforcement activity
Planning ahead…
While April 2026 marks the first phase of implementation, further reforms linked to the Employment Rights Act 2025 are expected over the next two years, including potential changes to unfair dismissal protections and workplace harassment rules.
For employers, early preparation is key. Updating policies, training managers and reviewing HR systems now will help reduce legal risk and ensure organisations remain compliant when the new rules take effect.
If you’d like further advice from our Employment team please get in touch and we’ll be happy to help.