Employment Law Changes - 6th April 2026

Over the course of 2026 and into 2027, there will be many changes to employment law. These changes are occurring as a result of the Employment Rights Act 2025 (ERA 2025) being introduced by the current Labour government.

This article will focus on the changes being made on 6^th April 2026, with specific guidance on the key changes likely to have an impact on your business. In addition, we will refer to the further changes due to be implemented in October 2026 and into 2027.

The number of changes being made, and the subsequent impact on your business, may appear overwhelming at first. However, Lindsays employment team will be able to assist with any questions you may have about the changes and what they mean in practice for you and your business.

6^th April 2026

The following changes will take effect from 6^th April 2026:

Protective awards for failure to inform and consult employee representatives where required (when there will be 20 or more redundancies in 90 days): the maximum payment for a protective award claim will be doubled from 90 days to 180 days pay,
Paternity Leave (but not paternity pay) and Unpaid Parental Leave: these become a ‘Day 1’ right,
Whistleblowing: any worker who ‘blows the whistle’ on sexual harassment has additional protections,
Statutory Sick Pay (SSP): The 3-day waiting period and lower earnings limit are removed,
Additional menopause guidance will be issued: this is primarily for employers with 250 or more employees,
The Trade Union recognition process will be simplified, and
Employers will have a duty to retain annual leave and holiday pay records for a minimum of 6 years.

Additionally, a non ERA 2025 measure is being introduced – Bereaved Partners’ Paternity Leave. This is being introduced under the Bereaved Partner’s Paternity Leave Regulations 2026. Under these regulations, a bereaved father and/or partner will be entitled to take up to 52 weeks of paternity leave if the mother or primary adopter passes away within the first year of the child’s life.

The Key Changes on 6^th April 2026

Whilst several changes are being introduced on 6^th April 2026, there are three key changes that businesses should focus on, as their impact will be most relevant in day-to-day practice. These are:

1.Paternity Leave and Unpaid Parental Leave

These become a ‘Day 1’ right once the changes are implemented. Currently, in order to be eligible for unpaid parental leave an employee needs at least one years’ service, and to be eligible for paternity leave an employee needs 26 weeks’ service. However, after 6^th April 2026 an employee does not need any period of service with an employer before being entitled to these types of leave.

It is therefore important to ensure that all relevant policies are updated to reflect this change, and any reference to periods of service are removed from any applicable policy.

2.Whistleblowing Protections

If an employee reports sexual harassment at work after 6^th April 2026, they will benefit from additional protections under whistleblowing law. Sexual harassment will be considered a ‘qualifying disclosure’ under whistleblowing legislation. Therefore, if an employee reports sexual harassment, they will be protected from facing any detriment or unfair dismissal.

To prepare for this change, businesses should ensure any relevant policies and procedures have been updated to reflect the enhanced protections that will become available. Further, staff should be informed if there will be any changes to the processes to be followed if an employee reports sexual harassment.

3.Statutory Sick Pay (SSP)

Two changes are being made to SSP.

The first change is that the ‘waiting period’ will be removed. Currently, an employee must wait for 3 days before being eligible for SSP, with the first payment being made on the 4^th day of sickness. After 6^th April 2026, the requirement to wait until the 4^th day will be removed. Instead, an employee will be entitled to SSP from their first day of sickness.

The second change is that the lower earnings limit is also being removed. At the moment, an employee must earn an average of £125 a week to be eligible for SSP. However, once the changes are implemented an employee will be eligible for SSP regardless of their earnings.

The rate of SSP to be paid to an employee will be either (1) 80% of their average weekly earnings or (2) the flat weekly rate, which from 6^th April 2026 is £123.25 – whichever is lower.

Again, employers should ensure that their policies are updated to reflect these changes and remove any reference to waiting periods within their policy.

If you currently have an employee who is off sick, and who is likely to remain off sick until after 6^th April 2026, please contact Lindsays employment team directly for advice on the effect the SSP changes will have.

Further Changes

Further changes are due to be introduced in October 2026 and into 2027. Some of the changes due to be introduced in October 2026 include (1) time limits for bringing employment tribunal claims to be extended to 6 months, (2) employers being required to take ‘all reasonable steps’ to prevent their employees facing sexual harassment and (3) further rights and protections for trade union representatives.

Following on, some changes which are due be implemented in 2027 include (1) the qualifying service to bring an unfair dismissal claim will reduce from 2 years to 6 months, (2) fire and re-hire protections and (3) enhanced protections against dismissal for pregnant women and new mothers.

If you have any questions about the changes coming in, or if you would like any policies or procedures to be reviewed, please contact Lindsays employment team who will be able to assist.