Employment Rights Act 2025: The 5 Biggest Changes for UK Workers in 2026

The Employment Rights Act 2025 has ushered in the most significant overhaul of UK workplace law in a generation. Several major provisions came into force from 6 April 2026. Whether you are an employee, a gig worker, or someone returning to the workforce, these changes directly affect your rights — and your employer's obligations.

1. Statutory Sick Pay From Day One

Previously, you had to wait three days before Statutory Sick Pay (SSP) kicked in. Under the new rules, SSP is payable from your first day of sickness absence. The earnings threshold that previously excluded around 1.3 million low-paid workers has also been removed — so if you earn below the lower earnings limit, you now qualify for SSP where you didn't before.

This brings the UK closer to Germany, where sick pay is generally paid from day one, and France, where a waiting period still applies but at a much shorter duration.

2. Family Leave From Your First Day at Work

From 6 April 2026, Paternity Leave and Unpaid Parental Leave are available from the first day in a new job — there is no longer a qualifying period. Previously, you needed 26 weeks of service before accessing some of these rights.

Additionally, a new right to Bereaved Partners' Paternity Leave entitles fathers and partners to up to 52 weeks of leave if the mother or primary adopter of their child dies within one year of the birth or adoption.

3. The Fair Work Agency Goes Live

On 7 April 2026, the government's new Fair Work Agency began operating as the UK's enforcement body for employment rights. Unlike the previous fragmented enforcement system, the Fair Work Agency can proactively investigate employers, issue penalties, and take legal action on behalf of employees — without requiring workers to bring individual tribunal claims first.

This is a significant shift towards the model seen in Australia's Fair Work Commission, which has long had proactive enforcement powers. The EU's labour inspection framework also has equivalent bodies with similar powers across member states.

4. Whistleblowing Protections for Sexual Harassment

From 6 April 2026, there are enhanced protections for employees who blow the whistle on workplace sexual harassment. Previously, whistleblowing disclosures needed to relate to specific categories; the new rules make explicit that reporting sexual harassment qualifies as a protected disclosure, making it much harder for employers to penalise someone for speaking up.

5. Longer Time Limits for Tribunal Claims — Coming October 2026

One more change is coming later in the year. From October 2026, the time limit for making an Employment Tribunal claim will increase to six months for most claim types, up from the current three months. This gives workers more time to seek legal advice and prepare a case before the deadline expires — a reform long called for by employment law specialists.

What Employers Must Do

These changes place new obligations on businesses. At a minimum, employers should:

• Update sick pay policies to reflect day-one SSP entitlement
• Revise parental leave policies to remove any qualifying period language
• Brief HR and line managers on the Fair Work Agency and the new whistleblowing protections
• Review tribunal response processes in preparation for the longer claims window

Key Numbers

• 1.3 million — low-paid workers newly eligible for SSP
• 52 weeks — Bereaved Partners' Paternity Leave entitlement
• 6 months — new Employment Tribunal claim window from October 2026
• 180 days — maximum protective award for failing to comply with collective consultation requirements (doubled from 90 days)

Sources

• Acas — Employment Rights Act 2025
• Gov.uk — Millions of Workers Get New Access to Sick Pay and Parental Leave
• Pinsent Masons — Employment Rights Bill Timeline 2026
• Longmores Solicitors — Key UK Employment Law Changes 2026

Educational content only — not financial advice.