Employment Rights Act 2025: Changes in April 2026 (part 1)

From 6 April 2026, several important workplace rights are expected to come into effect under the government’s Employment Rights Bill (ERB), now referred to as the Employment Rights Act 2025 (ERA 2025). These reforms will impact areas including paternity leave, unpaid parental leave, and whistleblowing protections.

Here is a summary of the upcoming changes and practical advice for UK employers to stay compliant with the new employment law requirements.

Paternity Leave Changes

Under the new legislation, statutory paternity leave (up to two weeks) will become a day-one right, removing the current 26-week continuous service requirement. This means all new employees who meet the remaining eligibility criteria will qualify for paternity leave.

To be eligible, employees must be one of the following:

  • The father of the child
  • The husband or partner of the mother (or adopter)
  • The child’s adopter
  • The intended parent in a surrogacy arrangement

Applicants must also:

  • Be an employee (not an agency worker or self-employed contractor)
  • Give correct notice (at least 15 weeks before the expected week of childbirth)

Note: The ERA 2025 is currently silent on whether the removal of the service requirement will also apply to Statutory Paternity Pay. Further clarification from the government is expected in due course.

The Department for Business and Trade (DBT) estimates that tens of thousands of fathers will become eligible for paternity leave under these changes.

Another important amendment will allow employees to take paternity leave after shared parental leave, which is currently not permitted under existing rules.

Unpaid Parental Leave Changes

Unpaid parental leave (up to 18 weeks) will also become a day-one right, removing the existing one-year qualifying period.

To qualify, employees must:

  • Be named on the child’s birth or adoption certificate (or expect to have parental responsibility)
  • Be an employee (not an agency worker or self-employed)
  • Not be a foster parent, unless parental responsibility has been granted by the courts
  • Have a child under 18 years old

According to the DBT, around 1.5 million people will gain eligibility for unpaid parental leave once the new law takes effect.

Whistleblowing and Sexual Harassment

The ERA 2025 will also expand whistleblowing protection to include disclosures related to sexual harassment in the workplace.

Currently, protected disclosures cover areas such as:

  • Criminal offences (e.g. fraud)
  • Health and safety risks
  • Environmental damage
  • Miscarriage of justice
  • Legal breaches (e.g. lack of mandatory insurance)
  • Concealment of wrongdoing

Personal grievances are not covered unless they are in the public interest.

This means that individuals who report sexual harassment at work will be protected from detriment or dismissal as a result of making a disclosure. This protection applies to employees, workers, agency staff, and trainees.

Statutory Sick pay

Changes to Statutory Sick Pay will come in to effect, please read our previous blog for more information about this change.

Action for Employers

To prepare for the 2026 changes, employers should:

  • Review and update paternity leave, shared parental leave, unpaid parental leave, whistleblowing, and grievance policies
  • Communicate policy updates clearly to all staff
  • Brief and train managers to ensure consistent application of the new rules
In summary

The ERA 2025 introduces significant reforms aimed at grow the economy, raise living standards and create opportunities for all. There is more to come, so employers should act now to update policies and prepare for compliance in these areas prior to April 2026

If you’d like help preparing for the changes, get in touch.