The Employment Rights Act 2025 received Royal Assent on 18 December 2025. Its first major wave of provisions came into force on 6 April 2026, affecting statutory sick pay, paternity leave, parental leave, collective redundancy consultation, whistleblowing protection, and employer record-keeping obligations. Every change listed on this page is already in force and applies to all eligible employees and employers in England, Scotland, and Wales. Updated June 2026.
Source: Employment Rights Act 2025; SI 2026/3 (Commencement No.1 Regulations); acas.org.uk/employment-rights-act-2025.
What the law says
The Employment Rights Act 2025 was commenced in phases by secondary legislation. The Employment Rights Act 2025 (Commencement No.1 and Transitional and Saving Provisions) Regulations 2026 (SI 2026/3) brought the April 2026 provisions into force. A separate Commencement No.2 order amended transitional provisions. The Act amends more than 20 existing pieces of legislation, principally the Employment Rights Act 1996 and the Social Security Contributions and Benefits Act 1992. Source: legislation.gov.uk/uksi/2026/3/contents/made.
Changes in force from 6 April 2026
1. Statutory sick pay: day-one right and lower-earner reform
What changed: SSP is now payable from the first day of illness. The previous three-day waiting period no longer applies. The lower earnings limit has been abolished — there is no minimum earnings threshold. Workers earning below approximately £154.06 per week receive SSP calculated at 80% of their average weekly earnings rather than the flat weekly rate.
The flat rate: £123.25 per week (2026/27 rate, in force 6 April 2026).
Who it affects: All employees who are too ill to work. Approximately 1.3 million additional workers are now eligible for SSP who previously did not qualify under the lower earnings limit.
Transitional protection: Employees who were already receiving SSP before 6 April 2026 and were earning between the old lower earnings limit (£125/week) and approximately £154.06/week cannot have their SSP reduced by the transition.
Legislation: Employment Rights Act 2025, ss.1–10 (amending SSCBA 1992, ss.151–157); Social Security Contributions and Benefits Act 1992, s.157.
Source: gov.uk/statutory-sick-pay/what-youll-get; acas.org.uk/checking-sick-pay.
Use the statutory sick pay calculator to calculate your entitlement.
2. Paternity leave: day-one entitlement
What changed: Employees may take statutory paternity leave from the first day of their employment. Previously, employees needed 26 weeks of qualifying service with the same employer to be eligible for paternity leave.
Important distinction: Statutory paternity pay (SPP) still requires 26 weeks of continuous qualifying service by the 15th week before the expected week of childbirth. The day-one right applies to leave, not pay. From 6 April 2026, leave entitlement and pay entitlement have separate qualifying conditions.
Duration: Up to 2 weeks.
Pay: The lower of £194.32 per week (2026/27 rate) or 90% of average weekly earnings — subject to 26 weeks' qualifying service for pay entitlement.
Legislation: Employment Rights Act 2025, ss.16–17 (amending ERA 1996, ss.80A–80B).
Source: gov.uk/paternity-pay-leave; acas.org.uk/paternity-rights-leave-and-pay.
3. Unpaid parental leave: day-one entitlement
What changed: The right to take up to 18 weeks of unpaid parental leave (per child) is now a day-one right. Previously employees needed one year of qualifying service.
Unchanged: The overall 18-week maximum entitlement per child and the 4-week-per-year default limit remain unchanged. Leave must be taken before the child's 18th birthday.
Legislation: Employment Rights Act 2025 (amending ERA 1996, s.76).
Source: gov.uk/parental-leave; acas.org.uk/parental-leave.
4. Collective redundancy: maximum protective award doubled
What changed: The maximum protective award that an employment tribunal can make when an employer fails to comply with collective redundancy consultation obligations has been doubled from 90 days to 180 days' gross pay per affected employee.
Who it affects: Employers making 20 or more redundancies within any 90-day period at one establishment must begin collective consultation before the first dismissal: at least 30 days before for 20–99 redundancies, or at least 45 days before for 100 or more redundancies. Failure to comply exposes the employer to protective award claims by affected employees, now at up to 180 days' gross pay each.
This change does not affect the standard statutory redundancy pay formula. The weekly pay cap (£751 from 6 April 2026) and the individual maximum award (£22,530) are unchanged for individual statutory redundancy pay.
Legislation: Employment Rights Act 2025 (amending ERA 1996, s.189).
Source: acas.org.uk/collective-redundancy; gov.uk/redundancy-your-rights.
Use the statutory redundancy pay calculator to calculate your individual entitlement.
5. Whistleblowing: sexual harassment as protected disclosure
What changed: Reporting sexual harassment — whether it has occurred, is occurring, or is likely to occur — is now a qualifying disclosure under whistleblowing law (the Public Interest Disclosure Act 1998, as amended). Workers making such disclosures are protected from detriment and automatically unfair dismissal.
Legislation: Employment Rights Act 2025 (amending ERA 1996, s.43B).
Source: acas.org.uk/employment-rights-act-2025.
6. Working time records: six-year retention requirement
What changed: Employers must now retain working time and holiday pay records for six years. Records must cover: annual leave taken, amounts of leave carried forward, holiday pay amounts paid, and any payments in lieu of untaken leave.
Who is affected: All employers in England, Scotland, and Wales.
Legislation: Employment Rights Act 2025 (amending the Working Time Regulations 1998).
7. Fair Work Agency: established 7 April 2026
What changed: A new Fair Work Agency was established on 7 April 2026. It consolidates enforcement of employment rights that were previously handled by multiple bodies: the Gangmasters and Labour Abuse Authority, HMRC's National Minimum Wage enforcement unit, and the Employment Agency Standards Inspectorate. The Agency has powers to investigate, bring tribunal claims on behalf of workers, and enforce minimum wage and modern slavery obligations.
Source: acas.org.uk/employment-rights-act-2025.
Changes in force from 18 February 2026
The first commencement order (SI 2026/3) also brought trade union and industrial action provisions into force on 18 February 2026. These include changes to industrial action balloting rules, trade union access arrangements, and the repeal of the Strikes (Minimum Service Levels) Act 2023. These provisions primarily affect trade union officials and employers in sectors with active industrial relations and are not covered in detail here.
What has not changed
Some commonly cited changes are not yet in force:
- Unfair dismissal qualifying period: The reduction from two years to six months is expected from 1 January 2027 — it is not in force now. The current two-year qualifying period applies throughout 2026.
- Zero-hours guaranteed hours: Not yet in force. Expected 2027.
- Fire-and-rehire automatic unfair dismissal: Not yet in force. Expected 1 January 2027.
- Flexible working by default: Not yet in force. Expected 2027.
- Bereavement leave: Not yet in force. Expected 2027.
See ERA 2025 changes expected in 2027 for the full 2027 picture.
How to calculate your affected entitlements
- Statutory sick pay calculator — updated for day-one rights and 80% AWE formula
- Statutory redundancy pay calculator — includes the 2026/27 weekly pay cap of £751
- Notice period calculator — ERA 2025 made no changes to notice period rules
Back to Employment Rights Act 2025 hub.