Here is a useful round-up of the changes to employment rights coming this month
In addition to the annual minimum wage increases we see every April, this year the Employment Rights Act 2025 and other regulations are responsible for a host of other measures that employers need to know and understand.
1. Statutory Sick Pay (SSP)
From 6 April 2026, employees will qualify for SSP from day one of their sickness absence, as opposed to the fourth day. SSP will be paid at the lower of 80% of the employee’s normal weekly earnings or the increased weekly flat rate of £123.25.
Absence levels are unlikely to change where employees are higher earners or provided with enhanced contractual sick pay. However, with more employees qualifying for SSP, businesses with lower paid staff may well see an increase in short-term employee absence.
2. Sexual Harassment and Whistleblowing
From 6 April 2026, sexual harassment will be added as a ‘qualifying disclosure’ under whistleblowing legislation. Staff who make a protected disclosure about sexual harassment cannot be dismissed or treated detrimentally simply because they speak up.
Historically, sexual harassment disclosures would qualify through framing the situation as a criminal offence, a legal breach or a health and safety issue. On that basis, this seeks to clarify the position as opposed to significantly change the legislation.
3. Family-Related Pay and Leave
From 6 April 2026, the flat rate of statutory maternity, adoption, paternity and shared parental pay will increase to £194.32 per week, from £187.18.
Employees will also qualify for paternity leave and unpaid parental leave from their first day of employment, as opposed to requiring 26 weeks’ service at the 15th week before the expected week of childbirth.
4. Bereaved Paternity Leave
From 6 April 2026, eligible fathers and partners can take up to 52 weeks’ unpaid leave if their child's primary carer dies within 52 weeks of birth or adoption. This also applies to parents using a surrogate. The entitlement is to essentially take the balance of maternity that would have been available (or up to 14 days where the death is within 14 days of the end of the 52nd week after birth or adoption).
Eligible employees must hold the main responsibility for the child after the bereavement and can be the child’s father or the marital or civil partner of the child’s mother or adopter.
This is a day-one employment right with no minimum service requirement. Whilst the entitlement is to unpaid leave, employers may choose to offer enhanced contractual pay. Employees can take up to ten ‘keeping in touch’ days for work training or to attend meetings without their leave ending. These are not mandatory; employers cannot force keeping in touch days upon employees.
5. Trade Union Reforms
From 6 April 2026, the statutory recognition scheme will be simplified. The initial support threshold will be amended from 10% to the required amount somewhere between 2% and 10% and trade unions will no longer need to show a likely majority support for recognition in the chosen bargaining unit. The ballot threshold will no longer require 40% support of the bargaining unit. These changes, along with others expected to come later, are likely to increase the visibility of trade unions and recognition applications.
6. Collective Redundancy
From 6 April 2026, the maximum protective award will increase to 180 days’ pay per employee, up from 90 days. The protective award is given where an employer fails to properly consult appropriate employee representatives, a duty which arises when proposing to make 20 or more employees redundant at a single establishment. More changes due in this area in 2027!
7. Employment Tribunal Awards
From 1 April 2026, the maximum compensatory award for unfair dismissal will rise to £123,543, up from £118,223.
The cap for a ‘week’s pay’ will also increase to £751, so the maximum statutory redundancy award will now be £22,530.
8. Fair Work Agency Established
On 7 April 2026, the Fair Work Agency (FWA) enters the world! The FWA is a new single employment rights enforcement body that will replace previously fragmented enforcement across various organisations. The FWA will be able to enforce minimum wage rules, sick pay and holiday pay, amongst other things. It will even be able to bring proceedings on the employee’s behalf where they aren’t intending to do it themselves.
The FWA will be able to enforce penalties up to a 200% fine of the arrears owed in relation to underpayments (capped at £20,000 per individual).
What should employers be doing?
Employers need to be aware of these changes and ensure that their systems and policies are set up to accommodate them. Contracts and Staff Handbooks will need to be updated and new policies might well be needed to cover the new rights.
Beyond this, Managers need to understand the changes too. They are the people on the ground so ensure they are trained to spot the issues, and crucially that they know when they need HR support.
Looking forward?
The rest of 2026 and 2027 will see significant changes to employment law practice and procedure too. We’re scheduling a special complimentary webinar for clients and contacts to guide you through what you need to know and what you need to do. Keep your eyes peeled for the details and to book your place.
If you require any help or assistance regards this topic or anything else employment law related, please contact our Employment Law Team.
