The Employment Rights Act became law in December 2025, paving the way for its provisions to be implemented throughout 2026 and 2027. The next wave of implementation is due on 6th April 2026. See below to learn more about what is coming into force.
The government has set up an 'Employment Changes' website with further information on how you can prepare for the changes. We also held an HR Technical Call with Bird & Bird in February which focused on implementation, the slides for which can be found here.
A note on unfair dismissal changes: the reduction in the qualifying period for unfair dismissal from two years to six months will come into force on 1st January 2027. However, those who have been employed within your businesses for six months as of 1st January 2027 will be eligible. Therefore, the impact on your hiring process will essentially be effective as of 1st July 2026. If you have any question on the above, please reach out to us and we will be happy to discuss.
What is coming into force in April 2026
- Statutory Sick Pay from Day One: including the removal of the Lower Earnings Limit and the change in calculation of SSP, which will be the lower of 80% of average earnings or the flat weekly rate of £123.25.
- Paternity Leave and Unpaid Parental Leave from Day One
- Bereaved Partner's Paternity Leave: as a day one right, where a mother or primary adopter dies, the other parent would be entitled to up to 52 weeks of leave where the child is less than a year old.
- Fair Work Agency will be established from 7th April. This will represent the consolidation of several existing enforcement agencies, and will initially focus on certain areas such as National Minimum Wage enforcement and protections for agency workers.
- Doubling of collective redundancy protective award: from 6th April, this will increase from 90 to 180 days' pay.
- Increased whistleblowing protections: ensuring that those who 'whistle blow' sexual harassment in the workplace are protected from unfair dismissal or detriment.
- Gender Pay Gap and Menopause Action Plans: these will be introduced on a voluntary basis in April, becoming mandatory for large employers (with 250+ employees) from spring 2027. More information here.
A number of trade union measures also came into force on February 18th 2026 - further details of which can be found here.
