The latest measures under the Employment Rights Act came into force on 6 April 2026, introducing new ‘day one’ rights for employees and placing greater obligations on employers regarding fairness, equality and wellbeing. Described by the Government as the ‘biggest upgrade to rights at work for a generation’, the recent changes include:
- Employees are now entitled to Statutory Sick Pay from the first day of illness, instead of the fourth day, and the lower earnings limit has been removed.
- Paternity leave and unpaid parental leave has also become a ‘day one’ right, and the restriction on taking paternity leave after shared parental leave has been removed. There is also a new statutory right to take bereaved partner’s paternity leave.
- Sexual harassment is now a protected disclosure under whistleblowing law, meaning that employees making a sexual harassment disclosure are protected from unfair dismissal.
- The maximum ‘protective award’ for failure to meet collective redundancy consultation obligations has doubled from 90 days’ pay to 180 days’ pay.
- Large employers are being encouraged to publish Equality Action Plans to address their Gender Pay Gap and support employees affected by the menopause. These will become mandatory from spring 2027.
To assist employers to comply with the changes, the Government has created a dedicated webpage with guidance and practical tools, which will be updated as more measures are introduced under the Act throughout 2026 and 2027. The Government has also launched the Fair Work Agency, combining the Gangmasters and Labour Abuse Authority, the Employment Agency Standards Inspectorate, and HMRC’s National Minimum Wage enforcement team, to enforce workers’ rights, with penalties for businesses that don’t comply.
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