The Employment Rights Act 2025 has introduced additions and amendments to existing legislation, including the Employment Rights Act 1996, and will continue to do so over the next 2 years. There’s never been a more important time for employers to be proactive, particularly when it comes to managing probation periods and sickness absence.
What’s changed so far?
Minimum service level rules for strikes were removed on 18 December 2025.
February 2026, saw an increase in dismissal protection for industrial action, with the removal of the previous 12-week limit for claiming unfair dismissal in addition to which, dismissal for taking part in industrial action became ‘automatically unfair’.
We also saw the introduction of changes to Trade Union activity:
- the time needed to give notice of industrial action reduced from 14 to 10 days,
- unions now need a simple majority to vote for industrial action
- picket supervisors will no longer be required
- industrial action mandates will last for 12 months, instead of 6 months
- industrial action and ballot notices will be simplified
- political fund rules will change
What’s changing in April 2026?
Paternity Leave
- Paternity leave is now a ‘day one right’, allowing someone to give notice of leave from the first day of employment. However, employees will still need to have 26-weeks service to qualify for statutory paternity pay.
- No restriction on taking paternity leave after shared parental leave.
Bereaved Partner’s Paternity Leave
- Employed partners will be entitled to up to 52 weeks of unpaid leave if the mother, primary adopter or intended parent having a baby through surrogacy, dies within the child’s first year.
- This day one right to help care for the child, can be taken within 52 weeks of the birth or adoption.
- The employed partner must be the child’s father, the mother’s partner/spouse or the partner/spouse of the primary adopter or intended parent.
Parental Leave
- Ordinary unpaid parental leave will also become a day one right
Statutory Sick Pay
- The removal of 3 waiting days, meaning that statutory sick pay (SSP) will now be paid from the first day of sickness absence.
- The lower earnings limit will be removed, which means that employees who previously did not qualify for SSP and earn below the SSP rate, will now be entitled to be paid 80% of their earnings from the first day of sickness absence.
We highlighted in an earlier newsletter, how to prepare to minimise the impact of absenteeism. To find out more, please click here.
To find out more about how we can support you to manage ALL types of absence please, click here to access our website for free guides and resources.
Collective redundancy protective award
The maximum ‘protective award’ for failure to consult in collective redundancy will double from 90 days’ pay to 180 days’ pay.
There is also a further government consultation underway, which is due to close on 21 May, to introduce a further trigger for collective redundancy consultation. That being whether there are 20 redundancies across the business to trigger collective consultation rather than at just one location.
Whistleblowing protections for sexual harassment
Sexual harassment will become a ‘qualifying disclosure’ under whistleblowing law. This will mean protection from detriment and unfair dismissal for whistleblowers making a sexual harassment disclosure.
Gender pay gap and menopause action plans
Employers will need to create action plans around menopause and gender pay gaps. These will be voluntary from April 2026.
More trade union changes
- simplifying how a trade union can gain recognition in a workplace
- allowing trade union members to vote electronically
Fair Work Agency
The Fair Work Agency will be established in April 2026, to:
- bring together existing enforcement bodies
- take on enforcement of other employment rights, such as holiday pay and statutory sick pay
We will continue to keep you updated as and when further changes become effective and for Spectra clients, we will be updating your Employee Handbooks accordingly. If you have any questions, please do not hesitate to contact us!