Your New Rights at Work: What the Employment Rights Act 2025 Means for You in 2026

title: "Your New Rights at Work: What the Employment Rights Act 2025 Means for You in 2026" category: Work & Income date: 2026-06-29 tags: [employment law, workers rights, sick pay, parental leave, Employment Rights Act] image: https://picsum.photos/seed/employment-rights-workers-2026/2400/1350

The Employment Rights Act 2025 is the biggest overhaul of UK employment law in a generation. Its changes are being rolled out in stages through 2026 and into 2027. Several key rights have already changed — and most workers do not know about them. Here is what has changed, what is coming, and what you can do if your employer is not complying.

What Changed in April 2026

Statutory Sick Pay: No More Three-Day Wait

Before April 2026, you had to be off sick for three "waiting days" before Statutory Sick Pay (SSP) kicked in. Those waiting days are now gone. SSP starts from day one of illness. There is also no longer an earnings threshold — previously, you needed to earn at least £123 per week (the Lower Earnings Limit) to qualify. Now, virtually all employees qualify regardless of how much they earn. SSP is currently £116.75 per week, paid for up to 28 weeks.

For comparison, Germany provides statutory sick pay at 70% of gross salary for up to 78 weeks, and Australia's National Employment Standards provide 10 days of paid sick leave per year. The UK's flat-rate SSP remains more limited, but these April changes are a genuine improvement.

Day One Rights for Paternity and Parental Leave

Previously, you needed to have worked for an employer for 26 weeks before being eligible for Paternity Leave. From April 2026, Paternity Leave and Unpaid Parental Leave rights apply from the first day of a new job. This is particularly valuable for people who change jobs during or shortly before a pregnancy.

The Fair Work Agency

A new enforcement body called the Fair Work Agency has been established. Unlike previous enforcement which relied mostly on individual employees taking claims to tribunal, the Fair Work Agency can investigate employers proactively, bring Employment Tribunal claims on behalf of workers, and issue compliance notices and financial penalties. If you believe your employer has breached your rights, you can report to the Fair Work Agency as an alternative to (or in addition to) going directly to tribunal.

What Is Coming in October 2026

Tribunal Time Limit Doubles to Six Months

Currently, most Employment Tribunal claims must be filed within three months of the event complained about. From October 2026, this extends to six months. This is a major change for workers who may not initially realise they have a claim, or who need time to gather evidence. If you think you may have a claim for unfair dismissal, discrimination, or unpaid wages, the clock is still running — but it will get longer in the autumn.

Trade Union Rights

Employers will be required to inform workers of their right to join a trade union — something that must now appear in the written statement of particulars (the employment contract or "terms and conditions" document) that every employer must give new starters. Trade union rights of access to workplaces are also being updated.

What Is Coming in 2027

From 1 January 2027, the most significant protections arrive:

Unfair dismissal: The qualifying period to claim unfair dismissal reduces significantly — potentially from two years to a much shorter period. The compensatory award cap is also being removed. The government is still consulting on the exact qualifying period.

Fire and rehire ban: Dismissing an employee and then rehiring them on worse terms (known as "fire and rehire") will become automatically unfair in most cases from January 2027. Employers who have been using this tactic to cut wages should urgently review their practices.

What to Do If Your Employer Isn't Complying

1. Document everything: Keep records of sick leave, pay, and any communications about your rights.
2. Check your written statement: Your employer must give you a written statement of employment particulars — it must now include information about your right to join a union.
3. Contact Acas: Acas provides free, impartial advice for both employers and workers and can help you understand your rights before you decide whether to take action.
4. Report to the Fair Work Agency: If your employer is systematically breaching your rights, report to the new Fair Work Agency.
5. Consider early conciliation: Before filing a tribunal claim, you must go through Acas early conciliation. This often resolves disputes without the need for a full hearing.

Checklist: Know Your New Rights

• SSP applies from day one of illness — no waiting days, no earnings threshold
• Paternity and Unpaid Parental Leave apply from day one of employment
• Check your written statement mentions your right to join a trade union (required from October 2026)
• Remember the tribunal time limit doubles to six months from October 2026
• Fire and rehire becomes automatically unfair from January 2027

Key Numbers

• SSP rate: £116.75 per week
• SSP duration: up to 28 weeks
• Tribunal time limit (from Oct 2026): 6 months
• Day one parental and paternity rights: from April 2026

Sources

• Acas: Employment Rights Act 2025
• GOV.UK: Business employment changes
• Pinsent Masons: Employment Rights Bill timeline
• GOV.UK: Statutory Sick Pay

Educational content only — not financial advice.