Employment Rights Act 2025 | Some dates to keep in mind

From 6 April 2026, new changes to the Employment Rights Act 2025 will introduce stronger protections for workers in the UK. Some key rights, such as paternity leave and unpaid parental leave, will become “day one” rights, meaning employees can use them from the start of their job. Statutory Sick Pay will also be available from the first day of illness and to more workers than before. These updates are part of wider efforts to improve workplace protections and ensure employment rights are better enforced and it's vital that employers are up to date with these changes. 

Implementation Timeline (2026–2027)

Note: Some of the dates may still be subject to final regulations, but this reflects the current confirmed phased rollout approach.

6 April 2026

Day-one rights expanded

• Statutory Sick Pay payable from day one (waiting days and the lower earnings limit will be removed allowing for payment to be made from day one of sickness)
• Paternity Leave will become a day-one right
• Unpaid Parental Leave will become a day-one right
• Strengthening protections for workers who ‘blow the whistle’ on sexual harassment 

Flexible working reform

• Stronger requirement for employers to justify refusals on reasonable business grounds
  Late 2026

Zero-hours and variable hours reforms

• Right to request guaranteed hours after a reference period
• Right to reasonable notice of shifts
• Compensation for cancelled or curtailed shifts

Harassment prevention duty strengthened

• Requirement for employers to take “all reasonable steps” to prevent sexual harassment
• Liability extended to third-party harassment (e.g., customers, clients)

Collective redundancy penalties

•    Protective award doubled (up to 180 days’ pay per affected employee)

1 January 2027

Unfair dismissal reform

• Qualifying period for unfair dismissal claim to be reduced from 2 years to 6 months
• Removal of the statutory cap on compensatory awards for unfair dismissal claims 

Employer Compliance Checklist

This [short/simplified] checklist is designed for HR leaders, directors, and business owners preparing for implementation.

Contract & Policy Review

• Update contracts to reflect day-one rights
• Review probation clauses (given shorter unfair dismissal window)
• Revise sickness absence and SSP policies
• Update flexible working policy and decision framework
• Amend redundancy consultation procedures

Risk Assessment & Liability Planning

• Model potential exposure from uncapped unfair dismissal awards
• Reassess insurance cover (Employment Practices Liability Insurance)
• Audit use of zero-hours or casual staff arrangements

Harassment & Culture Compliance

• Update anti-harassment policy to reflect “all reasonable steps” duty
• Conduct refreshed staff training (document attendance)
• Implement reporting channels and investigation procedures
• Assess third-party risk environments (retail, hospitality, healthcare)

Workforce Planning

• Review scheduling systems for compliance with shift notice rules
• Plan for guaranteed-hours requests
• Assess impact on labour cost forecasting
• Evaluate redundancy planning procedures

Governance & Board Oversight

• Briefings to senior leadership on changes to litigation risk
• Ensure documentation standards are robust
• Monitor ongoing regulatory guidance
• Build compliance milestones into 2026–2027 strategy planning

Why Preparation Cannot Wait

The reduction of the unfair dismissal qualifying period and removal of compensation caps and given the increase to the ACAS Early Conciliation period as of 1 December 2025 will fundamentally change litigation risk profiles. Employers can no longer rely on long qualifying periods as a risk buffer.

At the same time, zero-hours reforms and strengthened harassment duties require operational — not just legal — change.

For many employers, the compliance burden is not simply about policy updates; it requires cultural, financial, and structural adjustment.

If you are an employer and unsure if your policies are up to date, or need guidance in bringing them up to date - contact our specialist employment team today on: employment@moore-tibbits.co.uk or call: 01926 491181.