A practical guide for charities, social enterprises and not-for-profit organisations.
The Employment Rights Act 2025 is already changing the way employers manage people. Although many people still search for the “Employment Rights Act 2026” or ask when the Employment Rights Bill will be introduced, the Bill was introduced to Parliament on 10 October 2024 and has since become the Employment Rights Act 2025. Its measures are being implemented in phases across 2026 and 2027.
For employers in the charity, social enterprise and not-for-profit sectors, the practical question is no longer whether reform is coming. It is whether policies, manager capability and day-to-day processes are ready for each commencement date. This guide summarises the main employment rights act 2026 changes and the actions organisations should take now.
What employment rights changes have already taken effect in 2026?
The reforms are being introduced in stages. Changes implemented during February and April 2026 include simplified trade union requirements, stronger protection for industrial action, day one family leave rights, broader Statutory Sick Pay eligibility, increased collective redundancy penalties, enhanced whistleblowing protection for reports of sexual harassment and the introduction of the Fair Work Agency.
Day one paternity leave and unpaid parental leave
Employees no longer need to complete a qualifying period of service before becoming entitled to statutory paternity leave or unpaid parental leave. Paternity leave can also be taken after shared parental leave, rather than having to be used first.
Employers should update family leave policies, onboarding information and manager guidance so that new starters are not incorrectly told that a service threshold applies.
Statutory Sick Pay
One of the most searched areas of the reforms is employment rights act statutory sick pay. From 6 April 2026, the lower earnings limit and the waiting period were removed. This means more employees qualify for SSP and payment starts from the first qualifying day of sickness rather than after three waiting days.
For lower earners, SSP is calculated at 80% of normal weekly earnings or the statutory flat rate, whichever is lower. Employers meet the cost, so organisations with significant numbers of part-time, irregular-hours or lower-paid staff should revisit absence budgets and payroll processes.
- Check that payroll applies SSP from the correct day.
- Remove outdated references to waiting days and the lower earnings limit from sickness policies.
- Brief managers on the wider group of employees who may now qualify.
- Review the interaction between contractual sick pay and statutory entitlement.
Bereaved Partner’s Paternity Leave
A new day one entitlement allows an eligible bereaved partner to take up to 52 weeks of leave if the child’s mother or primary adopter dies within the first year after birth or placement. The statutory leave is unpaid, although an employer may choose to provide contractual pay.
Collective redundancy and whistleblowing
The maximum protective award for failure to comply with collective redundancy consultation requirements has doubled from 90 to 180 days’ pay for each affected employee. This significantly increases the risk attached to poorly planned restructuring exercises.
Disclosures that sexual harassment has occurred, is occurring or is likely to occur are also explicitly protected under whistleblowing law, provided the statutory conditions for a protected disclosure are met. Employers should make sure that whistleblowing and anti-harassment procedures work together rather than operating in isolation.
What changes are coming in October 2026?
Two commencement points are especially important. From 1 October 2026, the time limit for bringing most Employment Tribunal claims increases from three months to six months for relevant claims. From 30 October 2026, significant trade union and harassment reforms are due to take effect. Future dates remain subject to parliamentary processes and may change.
A stronger duty to prevent workplace harassment
From October 2026, employers will be required to take all reasonable steps to prevent sexual harassment of employees. The reforms also introduce protection relating to harassment by third parties, including clients, customers, service users, contractors and suppliers.
This is particularly relevant to organisations delivering public-facing or community services. A policy alone is unlikely to demonstrate a genuinely preventive approach. Employers should be able to show that they have considered where risks arise, introduced proportionate controls, trained relevant people and acted when concerns were raised.
- Undertake and document a workplace and third-party harassment risk assessment.
- Review reporting routes, including options outside the employee’s direct management line.
- Train managers to respond promptly and avoid retaliation or victimisation.
- Set behavioural expectations for service users, visitors, contractors and partners where appropriate.
- Keep evidence of training, policy communication, risk reviews and actions taken.
Trade union information and workplace access
The October reforms include a duty to inform workers of their right to join a trade union and a new statutory right for independent trade unions to access workplaces and engage with workers in person or virtually. Further changes affect union recognition, workplace representatives and protection connected with industrial action.
Employers should identify who will receive and coordinate access requests, review induction and written information, and ensure managers understand the risks of ill-judged comments or conduct during a recognition process.
Employment Tribunal time limits
For relevant matters arising on or after 1 October 2026, the usual time limit for bringing most Employment Tribunal claims moves from three months to six months. Employers should therefore retain relevant records carefully and expect potential disputes to remain live for longer. Early Conciliation rules may also affect the final deadline in an individual case.
What changes are expected from January 2027?
From 1 January 2027, the qualifying period for ordinary unfair dismissal protection is due to reduce from two years to six months. The change makes effective probation management and early performance conversations much more important.
Review probation before the six-month threshold
Employers should consider a three-month probationary period, with the option of a time-limited extension that concludes before six months. The precise contractual approach will depend on the organisation, but the operational principle is clear: concerns should be identified, discussed and documented early.
- Schedule review dates when employment begins, not when a problem emerges.
- Give clear objectives and standards during induction.
- Record support, feedback, concerns and agreed improvement actions.
- Do not allow reviews or decisions to drift beyond key legal and contractual dates.
- Take advice where dismissal may involve discrimination, whistleblowing, trade union activity or another automatically unfair reason, because these risks do not depend on ordinary qualifying service.
Further reforms expected during 2027
Further employment rights act changes are expected to cover guaranteed hours for eligible zero-hours and low-hours workers, reasonable notice of shifts, compensation when shifts are cancelled or changed at short notice, stronger pregnancy and maternity protections, statutory bereavement leave, flexible working refusals and restrictions on certain non-disclosure agreements.
Many implementation details remain subject to consultation, regulations and parliamentary processes.
Frequently asked questions
When will the Employment Rights Bill be introduced?
The Employment Rights Bill was introduced to Parliament on 10 October 2024. It subsequently became the Employment Rights Act 2025. Its measures are not all commencing at once: implementation is phased through 2026 and 2027.
What are the main Employment Rights Act 2026 changes?
The main 2026 changes include day one paternity and unpaid parental leave, wider SSP eligibility and payment from day one of sickness, bereaved partner’s paternity leave, a higher collective redundancy protective award, enhanced whistleblowing protection relating to sexual harassment, longer tribunal time limits, stronger harassment duties and trade union reforms and the reduction of qualifying period before an employee can claim unfair dismissal.
Do organisations need to act before all guidance is final?
Yes, but preparation should be proportionate. Employers can update changes already in force, audit affected documents and systems, train managers on confirmed duties and maintain an implementation plan for measures that still depend on further regulations or guidance.
Final thoughts
The Employment Rights Act reforms are a programme of change rather than a single deadline. Organisations that treat compliance as a planned implementation project will be better placed to manage risk, support employees and avoid rushed policy changes.
For charities and social enterprises, preparation should combine legal compliance with practical, values-led people management. Clear policies matter, but consistent manager behaviour, good records and early conversations will make the greatest difference in practice.
How Roots HR can help
Roots HR can support social sector employers with policy and contract reviews, manager training, HR advice and implementation planning. Contact 01562 840060 or [email protected].
This blog is general information, not legal advice. Commencement dates and implementation details may change. Check the latest official guidance and take advice on specific circumstances.
