Employers in Great Britain should be aware of the following changes in employment law coming into effect from April 2026:-
Statutory Sick Pay (SSP).
SSP will be payable from the first day of sick leave, removing the current three-day waiting period. This will be an additional cost to employers and so it will be more important than ever to have good absence management procedures in place, such as:-
- confirming with employees how they must notify their absences when they are unfit for work
- ensuring employees self-certify their absence on return to work
- holding return to work interviews
- taking action to address any concerns if an employee is absent from work on multiple occasions, even if just for one or two days at a time.
On the last point, three or four occasions of absence in a rolling 12-month period would be a reasonable trigger point for considering taking action to address a concern over an employee’s attendance.
Employers may be aware that under the current rules, eligibility for SSP is subject to the employee’s earnings meeting the Lower Earnings Threshold (LEL). This will not be necessary from April. Employees who earn under the LEL will receive 80% of their earnings as SSP.
There will be no change to the other main statutory sick pay rules. SSP continues to be payable for up to 28 weeks of sickness, and employees will still be able to self-certify for the first seven calendar days, with a medical fit note being required from day eight onwards.
Paternity leave and unpaid parental leave
Both will become “day one rights”, allowing an employee to give notice to take leave from their first day in a new job.
Bereaved Partner’s Paternity Leave
Eligible fathers and partners will be able to take up to 52 weeks of unpaid bereaved partner’s paternity leave if the mother or primary adopter dies within the first year of their child's life or adoption. This leave must be taken within 52 weeks of the child’s birth, adoption placement or entry to Great Britain for overseas adoptions.
Whistleblowing protections for sexual harassment
Sexual harassment will become a 'qualifying disclosure' under whistleblowing law. This will mean employees who allege sexual harassment will benefit from protection from detriment and unfair dismissal under whistleblowing law.
Trade union changes
Unions will only need to demonstrate 10% trade union membership in an employer in order to apply for trade union recognition. There is a potential reduction to 2% via further regulations.
Fair Work Agency
The Fair Work Agency is to be established in April 2026. The aim of this body is to help employees enforce their rights. It will bring together existing enforcement bodies e.g. in relation to national minimum wage and will also take on enforcement of other employment rights, such as holiday pay and statutory sick pay.
Note on the Employment Rights Act
The Employment Rights Act came into force at the end of 2025. It is important for employers to note that this Act applies only in Great Britain and not in Northern Ireland. We keep a close eye on developments across all of the UK and Ireland as we have clients in each jurisdiction.
More changes provided for in the Employment Rights Act will be phased in over the rest of 2026 and into 2027. We will be keeping our clients updated and attending to updates to policies when required.
For more information about the changes coming into force – or to ask for advice about anything else, please contact us.
If you would like further information about this topic or need advice on an employment law or HR issue, please contact Mark Mason Employment Law or contact us for more details.
