Employment Rights Act: changes in April 2026
Stephanie Pote · Posted on: March 9th 2026 · read
Here are four changes to focus on from April 2026:
- Paternity Leave and Unpaid Parental Leave – will no longer require a minimum length of service, employees can take the leave from day one….have you updated your policy to account for these changes?
- Statutory Sick Pay (SSP) – will be payable from the first day of sickness absence, with the current three waiting days removed from 1 April….are your policies and your payroll processes ready for this?
- Additionally, the lower earnings limit for SSP - eligibility will be removed meaning that virtually all workers will qualify.
- Establishment of the Fair Work Agency (FWA) - while the Fair Work Agency is intended to be a significant new enforcement body for UK employment rights, its early impact is likely to be modest. Although it will be formally established in April, some of its powers – particularly enforcement powers such as issuing underpayment notices for National Minimum Wage and Statutory payments and bringing tribunal claims on behalf of employees – may not be fully operational immediately.
Early activity is likely to focus on setting up the agency’s structure, recruiting staff, engaging with stakeholders and preparing to take on enforcement functions that are currently dispersed across other bodies. With output focussing on guidance and compliance support rather than high-profile enforcement.
For employers, this means that while awareness of the FWA and preparation for its arrival are important now, the bulk of enforcement action is likely to intensify later in 2026 and into 2027 as the agency becomes fully operational and starts exercising its investigatory and legal powers more routinely.
Human Capital
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Strengthened Collective Redundancy Rights
The maximum protective award that can be made if an employer fails to properly consult on collective redundancies will double, increasing from 90 days’ pay to 180 days’ pay per affected employee.
This increase in compensation aims to incentivise early and meaningful consultation by employers in situations of large-scale job cuts.
Enhanced Whistleblowing Protections
The Act will explicitly include sexual harassment in the list of protected disclosures under whistleblowing law. This means workers who report such conduct will be protected from detriment and unfair dismissal when their complaint meets the legal criteria.
Employers will need to update their whistleblowing policies and reporting channels to reflect these changes.
Trade Union and Industrial Relations Modernisation
April 2026 will also bring a suite of changes affecting trade unions and workplace representation:
- Simplified processes for trade union recognition and new options for electronic and workplace balloting.
- Measures designed to make union membership and collective action more accessible and flexible.
These reforms are part of wider changes intended to modernise the UK’s industrial relations framework.
Don’t forget to keep an eye on our Employment Rights Act Hub where we will keep you updated with what is happening and when.
