What is in force, and what is coming

Disclosures about sexual harassment are protected

A disclosure that sexual harassment has occurred, is occurring or is likely to occur can be a protected disclosure. The employer must treat such disclosures under its whistleblowing arrangements and must not subject the worker to detriment or dismissal for making one.

Provision: ERA 1996 / s.43B, Disclosures qualifying for protection

“In section 43B (disclosures qualifying for protection)”Amended by: ERA 2025 / s.23

“Section 23 (protection of disclosures relating to sexual harassment)”In force under: SI 2026/323 / reg.3

Unpaid parental leave from the first day of employment

The employer must allow unpaid parental leave to eligible employees from their first day of employment. The one-year qualifying period was removed with effect from 6 April 2026.

Provision: ERA 1996 / s.76, Entitlement to parental leave

“in subsection (1), omit paragraph (a) (and the “and” after it)”Amended by: ERA 2025 / s.15

“come into force on 6th April 2026 in so far as they are not already in force”In force under: SI 2026/3 / reg.4

Paternity leave from the first day of employment

The employer must allow statutory paternity leave on birth or adoption to eligible employees from their first day of employment. The 26-week qualifying period was removed with effect from 6 April 2026.

Provision: ERA 1996 / s.80A, Entitlement to paternity leave: birth

“In section 80A of the Employment Rights Act 1996 (entitlement to paternity leave: birth)”Amended by: ERA 2025 / s.16

“come into force on 6th April 2026 in so far as they are not already in force, subject to the transitional and saving provisions in Schedule 1”In force under: SI 2026/3 / reg.4

SI 2026/3 Schedule 1 makes transitional and saving provision for sections 16 and 17.

Statutory sick pay from the first day of sickness

The employer must pay statutory sick pay from the first qualifying day of an employee's sickness absence. The three unpaid waiting days were removed with effect from 6 April 2026.

Provision: SSCBA 1992 / s.152, Period of incapacity for work

“for the words from “any” to “is” substitute “a period of one day which is, or of two or more consecutive days each of which is,””Amended by: ERA 2025 / s.10

“section 10 (statutory sick pay in Great Britain: removal of waiting period)”In force under: SI 2026/373 / reg.2

SI 2026/373 makes transitional provision for employees who were serving waiting days when the change came into force.

Statutory sick pay for employees on lower earnings

The employer must pay statutory sick pay to eligible employees whatever their earnings: the lower earnings limit no longer applies. The weekly rate is the lower of the flat statutory rate and 80% of the employee's normal weekly earnings.

Provision: SSCBA 1992 / s.157, Rates of payment

“omit paragraph (c) (lower earnings limit)”Amended by: ERA 2025 / s.11

“section 11 (statutory sick pay in Great Britain: lower earnings limit etc)”In force under: SI 2026/373 / reg.2

Protective award for failing to consult on collective redundancies raised to 180 days

Where the employer proposes to dismiss as redundant 20 or more employees at one establishment within 90 days, it must consult appropriate employee representatives. Failing to do so now exposes it to a protective award of up to 180 days' pay per affected employee, doubled from 90 days.

Provision: TULRCA 1992 / s.189, Complaint and protective award

“for “90” substitute “180””Amended by: ERA 2025 / s.30

“Section 30 (collective redundancy consultation: protected period), in so far as not already in force”In force under: SI 2026/323 / reg.3

Duty to keep annual leave records for six years

The employer must keep records adequate to show it has complied with workers' annual leave entitlements and holiday pay requirements, and retain them for six years. Failure is a criminal offence under the Working Time Regulations 1998.

Provision: WTR 1998 / reg.16B, Records relating to annual leave entitlement

“after regulation 16A insert”Amended by: ERA 2025 / s.35

“Section 35 (duty to keep records relating to annual leave)”In force under: SI 2026/323 / reg.3

Qualifying period for ordinary unfair dismissal (ERA 1996 s.108): 24 months to 6 months

Measured at the effective date of termination. The six-month period applies where the effective date of termination falls on or after 1 January 2027, including where notice of dismissal was given before that date (SI 2026/559 reg.4(1)).

“continuously employed for a period of not less than two years ending with the effective date of termination”Until then: ERA 1996 / s.108

“in subsection (1), for “two years” substitute “six months””Amended by: ERA 2025 / s.25Effect: From 1 January 2027 ERA 1996 s.108(1) reads "six months" in place of "two years".

“come into force on 1st January 2027”In force under: SI 2026/559 / reg.3

Qualifying period for written statement of reasons for dismissal on request (ERA 1996 s.92(3)): 24 months to 6 months

Measured at the effective date of termination. Applies where the effective date of termination falls on or after 1 January 2027 (SI 2026/559 reg.4(1) lists Sch.3 para.1(2)).

“continuously employed for a period of not less than two years ending with that date”Until then: ERA 1996 / s.92

“In section 92 (right to written statement of reasons for dismissal), in subsection (3), for “two years” substitute “six months””Amended by: ERA 2025 / Sch.3 para.1Effect: From 1 January 2027 ERA 1996 s.92(3) reads "six months" in place of "two years".

“Schedule 3 (minor and consequential amendments relating to section 25), to the extent not already in force”In force under: SI 2026/559 / reg.3