The Employment Rights Act 2025 has implemented substantial reforms to UK employment law. We acknowledge that adapting to these changes can be challenging, and with numerous proposals coming into force, both employees and employers may feel uncertain about their current position and what comes next. For these reasons, we have summarised the key changes expecting to take place on 6 April 2026.
Changes that will take effect on 6 April 2026
- Collective redundancy protective award. The Protective Award will be increased from a maximum of 90 days’ gross pay to a new maximum of 180 days’ gross pay. The current definitions and triggers remain the same but will be reviewed in 2027.
- ‘Day 1’ Paternity Leave and Unpaid Parental Leave. Currently, an expecting father must have 26 weeks’ continuous service to qualify for statutory paternity leave and employees with a child under 18 can take 18 weeks of unpaid leave for childcare, provided they have one year of continuous service. From 6 April 2026, the service requirement for paternity leave and unpaid parental leave will be removed, making them day one rights.
- Whistleblowing Protections. The protections for workers who ‘blow the whistle’ on sexual harassment will be strengthened. Workers who make protected disclosures about sexual harassment will have the right not to suffer a detriment and employees who make them will have the right not to be unfairly dismissed as a result of the disclosure.
- Bereaved Partners’ Paternity Leave. Bereaved fathers and partners will be entitled to take up to 52 weeks of paternity leave if the mother or primary adopter dies within the first year of the child’s life.
- Statutory Sick Pay (SSP). The lower earnings limit will be removed so that all employees will now qualify for statutory sick pay, employees will now be entitled to sick pay from the first day of sickness absence (rather than having to wait until their 4th day of being sick).
- Gender Pay Gap And Menopause Action Plans. Employers can volunteer to set out the evidence-based actions they are taking to improve gender equality and support employees during the menopause. This will be compulsory from April 2027.
- Simplifying Trade Union Recognition Process. Unions will need only a simple majority in recognition ballots, no longer need to demonstrate likely majority support at application stages, and must show between 2% and 10% membership in the proposed bargaining unit for recognition acceptance by the Central Arbitration Committee. Further guidance will be available later in year.
If you would like to discuss anything contained in this blog or in relation with The Employment Rights Act 2025, please contact a member or the Employment team.
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