The Employment Rights Act 2025 received Royal Assent on 18 December 2025, and the Act will be implemented on a phased basis, through to 2027.
There are, however, two specific implementation dates to be aware of this year: 6 April 2026 and 1 October 2026.
April 2026
Paternity leave and Parental leave
From 6 April, there will be a day-one right to paternity leave and parental leave. The current requirement for 26 weeks’ and one year’s service, respectively, will be removed. It will also be possible to take paternity leave after shared parental leave.
Also from the same date, there will be a new right to bereaved partner’s paternity leave of up to 52 weeks. This is for fathers and partners who lose their partner before their child’s first birthday. It resolves the difficulties of bereaved partners, without the relevant length of service for time off, who have to rely on discretionary compassionate leave from their employer.
Statutory sick pay
From 6 April, employees will receive SSP from day one of sickness absence, removing the current three-day waiting period. The lower earnings limit will also be abolished, and SSP will be £123.25 a week or 80% of normal weekly earnings, whichever is lower.
Whistleblowing
The definition of a “qualifying disclosure” for whistleblowing purposes will be extended from 6 April to include disclosures about sexual harassment.
Collective redundancy protective award
From 6 April, the maximum protective award for failure to collectively consult will double from 90 days’ to 180 days’ pay. This significant increase is intended to prevent employers from “pricing in” the cost of ignoring collective consultation obligations.
Fair Work Agency (FWA)
The FWA will be established on 6 April. It will be able to conduct workplace inspections, issue penalties for underpayment of wages, and represent workers in legal proceedings. We do not have the timeline for the FWA’s enforcement powers; we only have its launch date.
Other developments
It is worth mentioning that there will be extensive trade union and industrial action changes throughout the year. Also, employers with 250 or more employees are expected to introduce voluntary equality action plans in April to promote gender equality, address the gender pay gap, and support menopausal employees. The plans will be mandatory in 2027.
October 2026
Harassment and sexual harassment
Currently, employers must take “reasonable steps” to prevent sexual harassment in the course of employment. From 1 October, the duty will be strengthened to take “all reasonable steps”.
There will also be protection from third-party harassment, covering any harassment rather than only sexual harassment as at present. Third parties include customers, clients and members of the public. Employers will be liable unless they can show they have taken all reasonable steps to prevent third-party harassment.
Fire and rehire
From 1 October, dismissing an employee for refusing certain contract changes (“restricted variations”) will be automatically unfair, except where the employer is in financial difficulty. Restricted variations include changes to pay, pensions, working hours, shift patterns or holiday entitlement.
It will also constitute an automatic unfair dismissal if an employee is replaced with someone who is not a direct employee (for example, an agency worker) and who will perform the same or substantially the same role as the dismissed employee.
Employment Tribunal time limits
From 1 October, the time limit for bringing an Employment Tribunal claim will increase to six months for all claims, doubling the current limit of three months. There is concern that this may lead to a rise in Employment Tribunal cases, but it also arguably provides more time for early conciliation.
Other developments
As well as changes to trade union and industrial action, amendments scheduled for implementation on 1 October will prevent the creation of a “two-tier workforce” under outsourced contracts. From the same date, employers must consult with workers and trade union representatives on their written tips policy and review it at least once every three years.
How can employers prepare for implementation?
- Review and update family-related and sickness absence policies, and communicate with staff about the reasons for the changes and when they will take effect.
Be mindful of the considerable increase in the protective award for failing to collectively consult if redundancies are anticipated.
- Prepare for higher SSP costs.
- Review and update whistleblowing policies and reporting mechanisms to cover sexual harassment disclosures and provide clear guidance for staff.
- Review and update harassment and sexual harassment policies, and review any sexual harassment risk assessment to account for the extended duty.
- Prepare for greater scrutiny of employment practices when the FWA’s remit becomes clearer.
- Consider whether additional training is needed for staff and managers.
This year, more than ever, employers need to stay informed and to prepare for the many employment law changes ahead.
Read more:
Implementation of the Employment Rights Act 2025: what employers need to know