There are, however, two specific implementation dates to be aware of this year: 6 April 2026 and 1 October 2026.
From 6 April, there will be a day-one right to paternity leave and parental leave. The current requirement for 26 weeks’ and one year’s service, respectively, will be removed. It will also be possible to take paternity leave after shared parental leave.
Also from the same date, there will be a new right to bereaved partner’s paternity leave of up to 52 weeks. This is for fathers and partners who lose their partner before their child’s first birthday. It resolves the difficulties of bereaved partners, without the relevant length of service for time off, who have to rely on discretionary compassionate leave from their employer.
From 6 April, employees will receive SSP from day one of sickness absence, removing the current three-day waiting period. The lower earnings limit will also be abolished, and SSP will be £123.25 a week or 80% of normal weekly earnings, whichever is lower.
The definition of a “qualifying disclosure” for whistleblowing purposes will be extended from 6 April to include disclosures about sexual harassment.
From 6 April, the maximum protective award for failure to collectively consult will double from 90 days’ to 180 days’ pay. This significant increase is intended to prevent employers from “pricing in” the cost of ignoring collective consultation obligations.
The FWA will be established on 6 April. It will be able to conduct workplace inspections, issue penalties for underpayment of wages, and represent workers in legal proceedings. We do not have the timeline for the FWA’s enforcement powers; we only have its launch date.
It is worth mentioning that there will be extensive trade union and industrial action changes throughout the year. Also, employers with 250 or more employees are expected to introduce voluntary equality action plans in April to promote gender equality, address the gender pay gap, and support menopausal employees. The plans will be mandatory in 2027.
Currently, employers must take “reasonable steps” to prevent sexual harassment in the course of employment. From 1 October, the duty will be strengthened to take “all reasonable steps”.
There will also be protection from third-party harassment, covering any harassment rather than only sexual harassment as at present. Third parties include customers, clients and members of the public. Employers will be liable unless they can show they have taken all reasonable steps to prevent third-party harassment.
From 1 October, dismissing an employee for refusing certain contract changes (“restricted variations”) will be automatically unfair, except where the employer is in financial difficulty. Restricted variations include changes to pay, pensions, working hours, shift patterns or holiday entitlement.
It will also constitute an automatic unfair dismissal if an employee is replaced with someone who is not a direct employee (for example, an agency worker) and who will perform the same or substantially the same role as the dismissed employee.
From 1 October, the time limit for bringing an Employment Tribunal claim will increase to six months for all claims, doubling the current limit of three months. There is concern that this may lead to a rise in Employment Tribunal cases, but it also arguably provides more time for early conciliation.
As well as changes to trade union and industrial action, amendments scheduled for implementation on 1 October will prevent the creation of a “two-tier workforce” under outsourced contracts. From the same date, employers must consult with workers and trade union representatives on their written tips policy and review it at least once every three years.
Be mindful of the considerable increase in the protective award for failing to collectively consult if redundancies are anticipated.
This year, more than ever, employers need to stay informed and to prepare for the many employment law changes ahead.
Read more:
Implementation of the Employment Rights Act 2025: what employers need to know
