On 18 December 2025, the Employment Rights Bill became law and is now the Employment Rights Act 2025. Some of the changes have already come into force and others will happen over the next few years. The act does not apply in Northern Ireland, where employment law is devolved to the Northern Ireland Assembly.

As soon as the Bill became law, the Strikes (Minimum Service Levels) Act 2023 was repealed and on 18 February 2026 much of the Trade Union Act 2016 will be repealed. Both these changes are beyond the scope of this article.

Changes applying from April 2026:

Paternity leave and ordinary parental leave

Employees will be able to give notice of paternity leave and unpaid parental leave from day one of their employment. Currently 26 weeks’ service is required for paternity leave and one year’s service for unpaid parental leave. 

Employees can give notice from 18 February 2026 of leave to commence on or after 6 April 2026. Paternity leave and pay will be able to be taken after shared parental leave and pay (currently this is not permitted). 

Where an employee becomes newly qualified for day one paternity leave as a result of these changes and the baby is expected between 5 April and 25 July 2026, only 28 days’ notice of leave is required rather than the usual 15 weeks. Leave cannot be taken under these new rules before 6 April. From 26 July, the usual notice period applies. 

These rules only apply to leave and the current rules for paternity pay are not changing - the existing rules still apply.

Bereaved partner’s paternity leave

In addition to the above changes, fathers or partners can take up to 52 weeks of bereaved partner’s paternity leave if the mother or primary adopter dies. This leave must be taken within 52 weeks of the child’s birth, adoption placement or entry to Great Britain if this is an overseas adoption. This is a day one right and whether the leave is paid is at the employer’s discretion.

Sick pay

Statutory sick pay (SSP) will be payable from day one of sickness instead of the current four day waiting period. 

The lower earnings limit has been removed, which will give some lower paid employees access to SSP for the first time.

The rate of SSP will be 80% of the employee’s average weekly earnings or the flat rate, whichever is lower. The current flat rate of £118.75 will rise to £123.25 on 6 April 2026.

Collective redundancy award

The maximum protective award for non-compliance has increased from 90 to 180 days’ pay.

Whistleblowing

Workers who whistle blow on sexual harassment will benefit from the whistleblowing protections against detriment or unfair dismissal. 

Fair Work Agency

The Fair Work Agency will be formed on 7 April 2026. It will be responsible for inspections and enforcement of employment rights.

Further measures taking effect later in 2026 and 2027

Additional employment rights measures are expected to take effect later this year and in 2027, including enhanced protections for pregnant women and new mothers, flexible working rights, Fair Pay Agreements, and changes to collective redundancy rules. More information is available on HMRC’s timeline update. 

This article is designed to give you an awareness of situations where a change in law may apply. You should refer to employment legislation and seek guidance before taking action as changes may occur before and after commencement. 

Employers should make sure that they, their payroll and HR departments are aware of the upcoming changes and provide training where necessary. Updated guidance on the GOV.UK website is expected in due course.

This article reflects the position at the date of publication shown above. If you are reading this at a later date you are advised to check that that position has not changed in the time since.   

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