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07 April 2026

Employment Rights Act changes now in force

HR AND BUSINESS

The Employment Rights Act 2025 is now live. From 6 April 2026, a number of changes affect how you manage your team.

These cover family leave, sick pay, redundancy, and worker protections. You may need to update your contracts, policies and day-to-day processes.

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Here’s what you need to know.

Paternity leave

Paternity leave is now a day-one right.

Employees can take paternity leave from the start of their employment. However, statutory paternity pay rules have not changed.

To qualify for statutory paternity pay, employees must still have 26 weeks’ continuous service. This must end in the 15th week before the expected week of birth.

To take paternity leave, the employee must:

  • Have responsibility for the child’s upbringing
  • Be the father, or the mother’s partner
  • Be married to, in a civil partnership with, or living with the mother.

This also applies to adoption, including civil partners and cohabiting partners.

Bereaved partner’s paternity leave

There is now extra protection for bereaved partners.

This is a day-one right. It allows fathers and partners to extend paternity leave if the child’s mother or primary adopter dies within the first 52 weeks.

The right applies to:

  • Fathers and partners
  • Same-sex couples
  • Civil partners
  • Surrogacy and parental order arrangements.

Statutory sick pay

Statutory sick pay (SSP) now starts from day one of sickness.

There are no waiting days and the lower earnings limit has also been removed.

This means all workers can qualify for SSP, regardless of earnings.

Employees will receive either:

  • The flat SSP rate, now £123.25, or
  • 80% of their average weekly earnings if this is lower.

Parental leave

Parental leave is now a day-one right. Previously, employees needed one year of service to qualify but that requirement has gone.

This gives parents more flexibility to manage childcare and family commitments.

Redundancy and collective consultation

If you are making 20 or more employees redundant, collective consultation rules still apply.

However, the risk of getting it wrong has increased.

Protective awards have doubled. Employers may now face up to 180 days’ gross pay per employee if they fail to consult properly.

Whistleblowing and sexual harassment

Workers who report sexual harassment are now protected under whistleblowing law.

This includes protection from:

  • Unfair dismissal
  • Detriment at work.

You should review your whistleblowing policy and make sure managers understand the changes.

Fair Work Agency

A new Fair Work Agency launched on 7 April 2026.

It brings together enforcement of key employment rights in one place.

The agency will:

  • Enforce rules such as National Minimum Wage and agency worker protections
  • Expand over time to cover more areas, including holiday pay
  • Investigate breaches and issue penalties
  • Tackle labour exploitation.

Make sure you know how to contact the agency once full guidance is published.

Keeping annual leave records

You now need to keep detailed records of annual leave and holiday pay for six years.

This includes:

  • Statutory and additional leave
  • Carried-over leave
  • How holiday pay is calculated
  • Payments made instead of leave.

You can choose how you store this information, but it must be clear and accurate.

Further government guidance is expected.

What you should do now

Review your employment contracts, HR policies and record-keeping systems. If you use an external HR company, make sure you've communicated with them and that you're on the same page regarding the changes. 

Make sure your managers understand the changes and apply them consistently.

What’s coming next

The Act is being introduced in phases, with more changes expected through to 2027.

Plan ahead and keep an eye on key dates so you’re not caught out.

Need support?

If you’re unsure where to start and you're a BPCA member, it's a great time to make use of your Quest member benefit. 

Quest can provide a compliance review, to help you spot gaps and stay on the right side of the law.

Visit bpca.questcover.com * or access the expert advice line: 0116 243 7675.

You can also book a free one-to-one consultation at questcover.com/121

*BPCA Quest login details differ from those for the BPCA Member Area and BPCA Registered. Log-in details have been sent by email. Need a reminder? Contact 01332 225 112 or membership@bpca.org.uk

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