Employment Rights Act: Prepare for April 2026 Changes and 2026-7 Roadmap

Employment Rights Act 2025 Update

The Employment Rights Act (formerly the Employment Rights Bill) became law on 18 December 2025. Employment law changes included in the Act will take place in 2026 and 2027.  Simply-Docs Employment Rights Act Roadmap is a summary of the current timelines.

April 2026 Changes 

The changes that are due to take place in April 2026 under the Employment Rights Act are as follows:

1.  As of 6 April 2026,

• Paternity leave will become a right that applies as of day one of employment. Currently, this right applies as of 26 weeks’ service with an employer, assessed 15 weeks before the Expected Week of Childbirth. From 18 February 2026, newly eligible employees can give notice of their intention to take paternity leave.
• Ordinary (unpaid) parental leave will become a day one right. Currently, this right applies as of one year’s service with an employer.
• The restriction on taking paternity leave after shared parental leave will be taken away.
• Statutory Sick Pay (SSP) will be paid from the first day of sickness, rather than on the fourth day.
• The lower earnings limit for SSP will be removed and workers will no longer have to earn a minimum amount to be eligible for SSP.
• Sexual harassment will become a qualifying disclosure under whistleblowing legislation.
• Employers will have to create action plans in respect of menopause and gender pay gaps. These will be voluntary from 6 April 2026 and will become mandatory in 2027.
• The maximum protective award for failure to consult collectively in a relevant redundancy situation will increase from 90 days’ pay to 180 days’ pay per affected employee.
• Introduction of Bereaved Partners’ Paternity Leave, which will enable bereaved fathers and partners to take up to 52 weeks of paternity leave if the mother or primary adopter dies within the first year of the child’s life.
• Simplification of trade union recognition processes.

2.  As of 7 April 2026, 

• The Fair Work Agency will be established, with a brief to bring together existing enforcement bodies and enforce employment rights, like holiday pay and statutory sick pay.

Simply-Docs will regularly update the documents and guidance to employers in order to keep employers abreast of the widespread and complex changes ahead.