April 2026 changes under the Employment Rights Act 2025 – what have I missed?
On 6 April 2026, the Employment Rights Act (ERA) 2025 introduced sweeping changes to employment law, affecting statutory payments, family leave, union recognition, and more. These changes are designed to enhance employee rights and streamline processes for employers. Understanding and implementing these updates is crucial to ensure compliance and maintain a supportive workplace environment.
Here’s a practical summary of the key changes, along with actionable insights for your organisation.
1. Statutory Sick Pay (SSP) – “Day one” rights
The new rules around SSP represent a significant shift:
- No waiting days: SSP is now payable from the first day of sickness absence, eliminating the previous three-day waiting period.
- No earnings threshold: The lower earnings limit has been removed, meaning nearly all employees qualify for SSP, regardless of their income level.
- New calculation method: SSP is now paid at the lower of a fixed weekly rate or a percentage of average weekly earnings (AWE).
Action points:
- Update payroll systems to ensure SSP is calculated from day one.
- Review and amend sickness absence policies to reflect these changes.
- Train managers to understand the updated SSP rules, particularly for new starters or low-income employees.
2. Paternity leave – Expanded access
Paternity leave has undergone significant changes to increase accessibility:
- Day-one eligibility: Employees no longer need 26 weeks of continuous service to qualify for paternity leave.
- Temporary notice period reduction: For due dates between 5 April 2026 and 25 July 2026, employees can give 28 days’ notice instead of the usual timeframe.
- Integration with shared parental leave: Employees can now take paternity leave following a period of shared parental leave.
Important note: The 26-week qualifying period for statutory paternity pay remains unchanged.
Action points:
- Update your family leave policies to reflect the new day-one eligibility for paternity leave.
- Ensure managers are aware of the temporary notice period reduction and the integration with shared parental leave.
3. Bereaved partner’s paternity leave
A new right introduced under the Act allows bereaved partners to take up to 52 weeks of unpaid leave if the mother or primary adopter dies within the first year of the child’s life or adoption.
Action points:
- Incorporate this new leave entitlement into your family leave policies.
- Provide training for managers to sensitively handle bereavement-related leave requests.
4. Unpaid parental leave – Day-one right
The one-year service requirement for unpaid parental leave has been removed, making it a day-one right for all employees.
Action points:
- Update policies to reflect this change.
- Brief managers on the importance of supporting new employees who may need to take unpaid parental leave.
5. Trade union recognition
The process for trade union recognition has been simplified:
- Simpler majority rule: A union now only needs a simple majority of votes cast to be recognised, removing the requirement for a majority of the entire workforce to vote in favour.
- Lower application thresholds: The criteria for unions to apply for recognition have been reduced.
Action points:
- Review current union recognition processes and prepare for potential changes in union activity.
- Train HR staff and managers on the updated rules to ensure smooth handling of union-related matters.
Other key changes
Whistleblowing protection:
Disclosures related to sexual harassment now have full whistleblowing protection, allowing employees to report misconduct without fear of retaliation.
Collective redundancy:
The maximum “protective award” for failing to consult on collective redundancies has doubled to 180 days’ pay per employee.
Fair Work Agency (FWA):
A new enforcement body, the Fair Work Agency, has been established to oversee employment rights compliance.
Holiday pay records:
Employers must now keep detailed records of holiday pay and entitlement for six years, ensuring transparency and compliance.
Action points:
- Implement processes to maintain holiday pay records for the required six-year period.
- Train managers on whistleblowing protections, particularly concerning sexual harassment.
- Familiarise your organisation with the role of the Fair Work Agency and its enforcement powers.
