Changes already in force from April 2026
The first phase of the Act came into effect in April 2026. These changes are live now and your policies and processes should already reflect them.
Statutory Sick Pay from day one. The removal of the Lower Earnings Limit and the three-day waiting period means more employees qualify for SSP and receive it from the first day of absence. If your absence policy still references a waiting period or a lower earnings threshold, it needs updating immediately.
Day-one parental leave rights. Both paternity leave and unpaid parental leave no longer require any qualifying service period. Any employee can take these from day one of employment. Review your family leave policy and make sure your managers understand the change, particularly when onboarding new starters.
Enhanced whistleblowing protections. Workers who raise concerns in good faith now have stronger safeguards against detriment and dismissal. This makes having a clear, well-communicated whistleblowing policy more important than ever, alongside training for managers on how to respond when concerns are raised.
Launch of the Fair Work Agency. A new single enforcement body has brought together oversight of National Minimum Wage compliance, statutory sick pay, holiday pay and other key rights. The Fair Work Agency has greater investigative powers than its predecessor bodies. Employers who are non-compliant in any of these areas face a higher risk of formal enforcement action.
Changes to trade union rights. The threshold for trade union recognition has been lowered and union access rights have been broadened. If you have a workforce that includes union members, or if you operate in a sector where union activity is increasing, take advice on what this means for your recognition procedures.
Changes coming in October 2026
The second phase introduces more far-reaching obligations, particularly around how employers manage change, prevent harm and engage with their workforce.
Restrictions on fire and rehire. The practice of dismissing employees and re-engaging them on less favourable terms is being tightened significantly. Employers will need to demonstrate that alternatives were genuinely explored and that consultation was meaningful. This is a significant change for any business considering restructuring or changing terms and conditions.
Expanded harassment prevention duty. The duty introduced in October 2024, requiring employers to take proactive reasonable steps to prevent sexual harassment, will be extended. The employer’s responsibility will cover harassment by third parties including customers, clients and contractors. ACAS guidance on harassment prevention is essential reading for all line managers.
Extended tribunal time limits. Employees will have six months rather than three months to bring most employment tribunal claims. This doubles your risk exposure window for any workplace issue that isn’t resolved properly. It makes thorough documentation and prompt, fair handling of grievances and disciplinary matters more important than ever.
Fair Pay Agreement for adult social care. Sector-specific pay standards will be introduced for the care sector. If you operate in or contract with this sector, monitor the implementation closely.
What employers should do now
The April 2026 changes are already in force. If you haven’t reviewed your policies since the beginning of the year, start there. The October 2026 changes give you time to prepare, but that preparation is best done now rather than in a rush later in the year.
- Review and update your Statutory Sick Pay policy and payroll processes immediately.
- Update your family leave policy to reflect day-one parental leave rights.
- Audit your whistleblowing policy and train managers on how to respond to concerns.
- Assess your current approach to harassment prevention and check it meets the proactive duty, ahead of the October expansion.
- Brief your management team on the extended tribunal time limits and what that means for how they handle people issues.
- If you’re considering any changes to terms and conditions or any restructuring, take HR advice before proceeding — the fire and rehire restrictions change the risk profile significantly.
Our HR project support team can carry out a full Employment Rights Act readiness review for your organisation, identifying exactly what needs updating and producing clear, compliant documentation.
How Limelite can help
Navigating the Employment Rights Act changes is genuinely complex, and the consequences of getting it wrong are significant. Limelite works with organisations across Worcestershire, Birmingham and the wider UK to make sure they’re compliant, their documentation is up to date and their managers are equipped to handle the changes confidently.
Whether you need a one-off policy review, ongoing retained HR support or training for your management team, we can help. Book a free 30-minute discovery call to talk through what your business needs.
Book a free 30-minute discovery call
About the author
Helen Scullion Assoc. CIPD, HR Client Manager at Limelite HR & Learning. Helen supports organisations with day-to-day HR management, employee relations and practical people support. Connect with Helen on LinkedIn.
