First Major Implementation of the Employment Rights Act: 2026 (April 6th)

Katie Carter Katie Carter
blog-publish-date 13 March 2026

As of April 6th, 2026, the Employment Rights Act will see its first major implementation, meaning that employers will need to update their contracts and documentation to reflect the changes in legislation.

Failure to do this could result in your business being taken to an employment tribunal, with the risk of hefty fines and reputational damage. For expert advice on the Employment Rights Act and a FREE documentation review, call 01455 858 132

Remember to download our FREE Employment Rights Act Roadmap to keep track of the upcoming law changes. 

Houses of Parliament in the UK where the Employment Rights Act was passed.

Associate Director of Client Experience at Croner, Felecia Wood, comments:

"The Employment Rights Act brings the biggest changes to employment law in a generation. This means all employers should update their contracts and documentation to ensure compliance. April is when the changes will start to be felt by businesses, particularly with the introduction of the Fair Work Agency on April 7th, so it is imperative that you seek advice from an Employment Law specialist, to avoid costly tribunal claims, or the risk of court.

Alongside the Fair Work Agency there will be significant changes to Statutory Sick Pay, with the removal of the 3-day waiting period and lower earnings limit. Paternity and parental leave will have the service period requirement removed and collective redundancy will have the maximum protective award payment doubled from 90 days to 180 days.  

Enhanced whistleblowing protections also come into play for protected disclosures regarding sexual harassment, as part of the changes surrounding employers’ duty to prevent sexual harassment.

Further significant changes are due to become law in October, meaning businesses should be looking at incorporating these changes into their contracts and documentation as well.”

Health and Safety Director at Croner, Chris Wagstaff comments:

"The Employment Rights Act will impose employers to look at their policies for employee wellbeing, especially surrounding areas like mental health. As part of your employer’s duty to prevent sexual harassment, you will need to conduct a violence and aggression risk assessment alongside home working risk assessments for lone workers."

To avoid the risk to your organisation, businesses need to be compliant with the following changes: 

Collective redundancy

Doubling the maximum of the collective redundancy protective award from 90 days’ pay to a maximum of 180 days’ pay.

Statutory Sick Pay

The removal of the lower earnings limits and three-day waiting period. This means that the lowest earners will be eligible for Statutory Sick Pay (SSP) from their first day of sickness.

Prevention of sexual harassment

Whistleblowing protections for protected disclosures regarding sexual harassment.

Trade unions

Simplifies the trade union recognition process.

Strengthened employment rights

The establishment of the Fair Work Agency (April 7th).

Paternity and parental leave

Removal of service requirement for paternity leave and parental leave.

Since receiving Royal Assent, the Employment Rights Act already has had the following legislation implemented:

Implemented 18th Dec 2025

  • Repeal of the Strikes (Minimum Service Levels) Act 2023.

Implemented 18th February 2026

  • Repeal of the majority of the Trade Union Act 2016.
  • Removal of the 10-year ballot requirement for trade union political funds.
  • Simplification of industrial action notices and industrial action ballot notices.
  • Introduction of extended protections against dismissal for taking industrial action.

Changes are confirmed to take place over a 2-year period, and will be rolled out in stages, with key updates planned in April and October 2026. The remaining changes will be implemented in 2027.

Ensure compliance with the Employment Rights Act 2025

Talk to a member of our expert HR and Employment Law advisory team today. Be sure to download our Employment Rights Act roadmap to ensure you know exactly when the key changes will be coming into law. Call 01455 858 132.

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About the Author

Katie Carter

An Employment Law Consultant is happy to help with any complex issue or matter of concern. Katie is confident in providing a best practice or commercial approach to safely reach the required and desirable outcome. Katie has a retail and hospitality background.

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