The Employment Rights Act: What is Changing in April 2026?

Below is a concise briefing on what can be anticipated, and the steps employers should take this month to be ready.

What has changed already?

Since December, several reforms relating to trade unions have already taken effect. Minimum service level rules for strikes were abolished on 18 December 2025, removing the framework that previously required certain staffing levels during industrial action.

From 18 February 2026, dismissal for participating in industrial action became automatically unfair. A suite of further trade union changes also commenced on this date. The notice period for industrial action was reduced from 14 to 10 days; picket supervisors are no longer required; industrial action mandates will now last 12 months instead of 6 months; and ballot and action notices have been simplified, accompanied by updates to political fund rules. Additionally, the 40% support threshold for action involving important public services has been removed, meaning industrial action ballots now require only a simple majority of votes cast, although the 50% turnout requirement will remain in place until at least August 2026.

The April changes to plan for

1. Paternity and Parental Leave

From 6 April 2026, paternity leave and unpaid parental leave will become day-one rights. These rights have previously had a length of service requirement. The historic restriction that prevented paternity leave being taken after shared parental leave will also be removed.

Government statistics confirm that approximately 30,000 additional fathers and partners will be brought into the scope of paternity leave each year, and approximately 1.5 million parents into the scope of unpaid parental leave each year.

Employers will need to update paternity, parental and shared parental leave policies, and ensure managers have been briefed on the transitional notice arrangements. Newly eligible employees have been permitted to give notice from 18 February 2026, to be able to take leave from 6 April 2026.

2. Statutory Sick Pay

From 6 April 2026, Statutory Sick Pay will be payable from day one of an individual’s sickness absence, and the current three “waiting days” are to be abolished. The lower earnings limit on Statutory Sick Pay will also be removed, widening eligibility to lower-paid staff.

The government has anticipated that this change will involve additional employer costs, and will have a particular impact on small and micro businesses.

Employers will need to ensure that sickness policies and payroll processes have been updated to reflect the new rules, and will likely need to consider the impact on budgeting. The process for managing sickness absence will also need to be kept under review, particularly given the changes to unfair dismissal qualifying periods which will come into force next year.

3. Whistleblowing and Sexual Harassment

From 6 April 2026, complaints about sexual harassment will specifically qualify for whistleblowing protection. This means that detriment and automatic unfair dismissal protections will be available to workers to raise concerns that sexual harassment has occurred, is occurring, or is likely to occur. Government guidance emphasises that this change is intended to close prior ambiguity and encourage earlier and safer reporting.

Employers will need to update their whistleblowing policies to ensure sexual harassment is covered and to cross-reference whistleblowing into other relevant policies. It may also be helpful to provide refresher training to managers on the handling of complaints relating to sexual harassment.

4. Collective Redundancy

For dismissals taking effect on or after 6 April 2026, the maximum protective award for failing to comply with collective consultation doubles from 90 to 180 days’ pay per affected employee, which could result in significant cost.

Employers therefore must ensure they are aware of the thresholds for collective consultation and the applicable rules that must be followed.

5. Trade Union Rules

In addition to the changes that have already taken place regarding trade unions, from 6 April 2026, the process for recognising a trade union in the workplace will be simplified.

If you have not previously dealt with trade unions, it may be helpful to consider your approach to access requests, ballot communications and engagement.

6. Fair Work Agency

From 7 April 2026, a new Fair Work Agency will be introduced to provide a co-ordinated approach to employment rights enforcement, consolidating multiple functions into a single national body designed to strengthen compliance and oversight.

As the new framework evolves and further guidance is published, the full scope of the new agency will become clearer. However, employers who act now by tightening internal systems, improving record keeping, and reviewing compliance processes will be best positioned to manage emerging risks and avoid potential penalties once the new regime takes effect.

Next Steps

Beyond April, further changes are timetabled, including a reduced unfair dismissal qualifying period, an increased time limit for bringing most Employment Tribunal claims, and an obligation on employers to take “all” reasonable steps to prevent sexual harassment in the workplace. It is important that employers continue to keep up-to-date with developments and the steps that need to be taken.

If you require advice or training relating to the new Employment Rights Act, please contact Alice Kinder.alicekinder@bexleybeaumont.com  |  07526372580