Upcoming Employment Law Changes from April 2026: Everything You Need to Know!
At Torque Law, we strive to provide our clients with a strong foundation of knowledge and preventative measures to avoid possible tricky situations. With major changes having been implemented under the Employment Rights Act 2025 (ERA25) over the Easter weekend, we want our clients to be sure that they have the key points to hand. Read on to find out what impact these have on your organisation’s practices and procedures.
Effective from 6 April 2026:
DAY ONE RIGHT TO PATERNITY LEAVE AND UNPAID PARENTAL LEAVE
Employed parents of babies born on or after 6 April 2026 are eligible to take Paternity Leave regardless of their length of service, subject to the relevant notice requirements which remain unchanged. This does not affect the right to Statutory Paternity Pay, which remains subject to certain qualifying conditions, including 26 weeks’ continuous service.
Also from 6 April, all employed parents of children under the age of 18 benefit from the right to take up to 18 weeks’ Unpaid Parental Leave from the first day of employment. Previously, this was subject to an employee having one year of continuous service. Other conditions relating to Unpaid Parental Leave remain the same. As a reminder, this leave can be taken at any time before the child’s 18th birthday and is subject to restrictions in relation to the amount of leave that can be taken each year and the duration of such leave.
BEREAVED PARTNERS’ PATERNITY LEAVE
Also introduced at this time is a new entitlement for all employees from the first day of employment. Bereaved Partners’ Paternity Leave is up to 52 weeks’ unpaid leave for employees in the event that their partner or the mother of their child dies within the first year of their child’s life or adoption. Bereaved partners can choose the amount of leave that they want to use but it must be taken in one block and within 52 weeks of either:
- The child’s birth;
- The child’s adoption placement; or
- The child’s entry to the UK in relation to overseas adoptions.
There is no statutory requirement for this to be paid, although employers may wish to consider whether they would like to offer Company pay for all or part of this leave.
Eligibility for Bereaved Partners’ Paternity Leave:
Employees must have responsibility for bringing up the child and be at least one of the following:
- The child’s father;
- Married to, the civil partner or partner of the mother or parent who gave birth; or
- Married to, the civil partner or partner of the primary adopter.
This means that an employee who is separated from their partner can still take this leave if they have ongoing responsibility for the upbringing of the child.
Notice requirements:
Employees can start Bereaved Partners’ Paternity Leave straight away, giving verbal notice, if the leave begins less than 8 weeks since their partner died.
If employees would like to start this leave more than 8 weeks since their partner died, they must give at least 1 week’s notice in writing.
STATUTORY SICK PAY (SSP)
The SSP scheme has undergone two major changes – the removal of the waiting period and the removal of the Lower Earnings Limit (LEL), both of which extend the scheme to a wider range of employees. Employees are now able to claim SSP from the first day of their absence (rather than from the fourth day), and all employees are eligible regardless of their level of pay. SSP is paid at the flat rate set by the Government each April, or 80% of the employee’s earnings (whichever is lower).
WHISTLEBLOWING
The protections for workers who blow the whistle on sexual harassment is strengthened, as this is now a specific protected disclosure under whistleblowing legislations.
COLLECTIVE REDUNDANCY PROTECTIVE AWARD
Where organisations fail to consult with employees in the event of 20 or more redundancies within a period of 90 days or less, affected employees are now be entitled to a maximum payment of up to 180 days’ uncapped pay as a protective award, which is double the previous maximum. This is a notoriously complex area so, if you require advice on a potential or planned redundancy exercise, please get in touch.
SIMPLIFYING THE TRADE UNION RECOGNITION PROCESS
The requirements on trade unions underwent a number of changes in February in relation to industrial action, including the reduction of the notice period for industrial action to 10 days and the mandate for ballots approving industrial action being increased to 12 months.
From 6 April, the trade union recognition process has also been simplified as the ERA25 decreases the support threshold to a ‘simple majority’ in recognition ballots and has removed the ‘likely majority’ test when a union submits a recognition application.
Effective from 7 April 2026:
FAIR WORK AGENCY
The Fair Work Agency (FWA) is being introduced from 7 April to bring together the enforcement of key worker rights into one place, including the National Minimum Wage and agency worker protections. The FWA will be guided by a recently appointed board, which includes business, trade union and independent representation, and has the power to investigate breaches, issue civil penalties and take action against labour exploitation. Once fully up and running, the FWA will bring about significant changes in the way employment rights are enforced – employers need to be absolutely sure that their records are accurate and up to date. If you need advice on what to get in order, please just let us know.
Recommended steps:
With the introduction of these employment law changes and many more on the horizon, we strongly recommend preparing your organisation by reviewing policies, handbooks and employment contracts to ensure that they are compliant with the new legislation. We are more than happy to assist with this exercise and to provide training to your teams, so please do get in touch with our friendly team for a quote.