
The information on gov.uk at Implementing the Employment Rights Bill - GOV.UK, sets out when the proposed changes under the Act are estimated to take effect.
Here we look at some of the key changes expected.
April 2026
- Statutory Sick Pay (SSP) payable from day 1. SSP will become payable from day 1 of sickness absence, rather than day 4. SSP will become payable to all employees regardless of their weekly earnings. Currently a lower earnings limit must be met to be eligible for SSP.
- Fair Work Agency. A new agency will be introduced, taking on the enforcement of a wider range of employment rights, such as holiday pay. The Agency will also have wide ranging powers including the power to inspect workplaces and to bring legal proceedings on a worker’s behalf.
- Day 1 right to request paternity and unpaid parental leave. Employees will be able to give notice of their intention to take paternity leave or unpaid parental leave from their first day of employment. Currently, employees must have been continuously employed for 26 weeks (up to the 15th week before the baby is due) to qualify for paternity leave and 1 year to qualify for unpaid parental leave.
- Paternity leave after shared parental leave. Currently, employees lose their right to take paternity leave not already taken after taking a period of shared parental leave. This will change so that paternity leave can be taken after a period of shared parental leave.
October 2026
- Sexual harassment. The existing duty for employers to take reasonable steps to prevent sexual harassment at work will become a duty to take all reasonable steps to prevent sexual harassment. The law will specify what ‘reasonable steps’ means in 2027. Employers will be liable for harassment of any kind by 3rd parties, such as clients and customers, unless they can show they took reasonable steps to prevent it.
- Employment tribunal time limits. The time limit to make a claim to an Employment Tribunal will increase from 3 months to 6 months.
January 2027
- Unfair dismissal. Protection from unfair dismissal will become a right after 6 months of service, rather than the current 2 years of continuous service required. The cap on compensation for unfair dismissal claims will also be removed.
2027
- Guaranteed hours – zero hour and low hour workers. If a worker’s hours regularly exceeds their zero hour or low hours over a 12 week period, they must be offered a new contract reflecting the regular hours if they want them. These workers must also be given reasonable notice of shifts and shift changes with compensation payable for shift cancellation or changes given at short notice. The government have agreed to consult on the impact of these changes on seasonal workers.
- Flexible working rights strengthened. The changes will put emphasis on employers accepting flexible working requests with a specific consultation process to be followed before rejecting a request. Any refusal for one of the eight existing business reasons must be reasonable and the employer will be required to explain in writing to the employee why the decision to refuse the request is reasonable.
How to prepare
Employers will need to consider the impact of these changes now.
You can speak with one of our Employment Advisers on the Helpline 0370 840 0234 for further information and guidance. We will also keep you informed through our monthly newsletter.
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