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Employment Rights Act : Day-One Rights, Sick Pay & Your Legal Options

UK Employment Rights Act 2025 infographic explaining 2026 changes including day-one rights, statutory sick pay reforms, and employer compliance obligations in UK employment law.

The UK employment law landscape changed significantly in April 2026. The Employment Rights Act 2025 introduced some of the biggest workplace reforms seen in years, affecting both employees and employers across England and Wales.

From expanded day-one rights to changes in Statutory Sick Pay (SSP), new whistleblowing protections, and increased pressure on employers to address gender equality and menopause support, businesses can no longer rely on outdated HR policies or contracts.

For employees, these reforms create stronger workplace protections and wider access to legal remedies if employers fail to comply.

At Adam Bernard Solicitors, our London employment law team advises both employers and employees on navigating these important legal changes.

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What Changed on 1 April 2026?

Several major employment law reforms took effect in April 2026 under the Employment Rights Act 2025 and related legislation. These changes affect recruitment, HR policies, payroll systems, absence management, redundancy procedures, and employee rights.

Key reforms include:

  • New day-one family leave rights
  • Statutory Sick Pay available from the first day of absence
  • Removal of the Lower Earnings Limit for SSP eligibility
  • Enhanced whistleblowing protection relating to sexual harassment
  • Increased collective redundancy penalties
  • Expanded workplace equality expectations, including menopause action planning
  • Creation of the new Fair Work Agency enforcement body

These reforms apply to employers throughout the UK and are particularly important for businesses with flexible workers, part-time staff, or high employee turnover.

Day-One Family Leave Rights Explained

One of the most important changes for workers is the introduction of enhanced day-one employment rights.

From April 2026, eligible employees no longer need a qualifying service period before accessing certain family-related rights, including:

  • Paternity Leave
  • Unpaid Parental Leave
  • Bereaved Partner’s Paternity Leave

Previously, many employees needed months of continuous service before becoming eligible. The new rules are designed to create fairer treatment for workers who change jobs or are in newer employment relationships

Why This Matters for Employers

Employers must now:

  • Update employment contracts and staff handbooks
  • Train managers on eligibility rules
  • Review absence and leave procedures
  • Ensure HR systems correctly process leave from day one

Failure to apply these rights correctly could expose employers to grievances, tribunal claims, or discrimination allegations.

What Employees Should Know

If your employer refuses qualifying leave because you have “not worked there long enough,” the refusal may now be unlawful depending on the circumstances.

Employees may have grounds for:

  • Unlawful detriment claims
  • Discrimination claims
  • Employment tribunal action
  • Compensation for financial loss

New Statutory Sick Pay Rules

The biggest operational change for many businesses is the complete overhaul of Statutory Sick Pay (SSP).

From 6 April 2026:

  • SSP is payable from day one of sickness absence
  • The previous three unpaid “waiting days” were abolished
  • The Lower Earnings Limit was removed
  • More part-time and low-paid workers now qualify
  • SSP is paid at the lower of:
    • £123.25 per week, or
    • 80% of average weekly earnings

This represents a major shift in employer obligations.

Employees Who Previously Did Not Qualify May Now Be Entitled

Under the previous system, many workers earning below the Lower Earnings Limit received no SSP at all. The 2026 reforms significantly expand eligibility, particularly for:

  • Zero-hours workers
  • Part-time employees
  • Agency workers
  • Seasonal staff
  • Lower-paid workers

Employer Risks

Employers who fail to pay SSP correctly could face:

  • HMRC investigations
  • Fair Work Agency enforcement
  • Employment tribunal claims
  • Financial penalties and backdated payments

Many businesses are still operating outdated sickness policies drafted before the 2026 reforms. This creates substantial compliance risks.

Gender Pay Equality & Menopause Action Plans

Another growing focus in 2026 is workplace equality.

While some reporting obligations remain voluntary for now, the government has made clear that employers are expected to take proactive steps regarding:

  • Gender pay gap reduction
  • Menopause support policies
  • Workplace equality planning
  • Anti-harassment procedures

The legal and reputational risks around workplace discrimination continue to increase.

Why Menopause Policies Matter

Employers who ignore menopause-related workplace issues may face claims involving:

  • Sex discrimination
  • Disability discrimination
  • Failure to make reasonable adjustments
  • Constructive dismissal

Tribunals are increasingly willing to recognise the impact of menopause symptoms on working conditions.

Employers should consider:

  • Flexible working arrangements
  • Manager training
  • Occupational health support
  • Updated equality policies

What Employers Need to Do NOW

The 2026 reforms are not simply “administrative updates.” They require immediate operational changes.

Businesses should urgently:

Review Employment Contracts

Ensure contracts reflect current statutory rights and updated leave entitlements.

Update HR Policies

Sickness, parental leave, grievance, redundancy, and equality policies should all be revised.

Audit Payroll Systems

SSP calculations and eligibility rules must comply with the new framework.

Train Managers

Line managers must understand the new rules to avoid inconsistent or unlawful decision-making.

Review Redundancy Procedures

Protective awards for failures in collective consultation have increased significantly.

Seek Legal Advice Early

Employment disputes are often easier and less expensive to resolve before formal claims arise.

Employee Rights: Can I Take Action if My Employer Does Not Comply?

Yes. Employees have legal options if employers breach their obligations under the new rules.

Depending on the issue, employees may be able to bring claims for:

  • Unlawful deduction from wages
  • Failure to pay Statutory Sick Pay
  • Discrimination
  • Detriment for asserting statutory rights
  • Automatically unfair dismissal
  • Constructive dismissal
  • Breach of contract

Time limits for employment tribunal claims are strict, so obtaining legal advice quickly is important.

Employees should also keep records of:

  • Emails and written communications
  • Payslips
  • Sickness records
  • HR correspondence
  • Leave requests and refusals

Employment Law Advice from Our London Solicitors

The Employment Rights Act 2025 has fundamentally changed the relationship between employers and employees in 2026.

Whether you are an employer updating workplace procedures or an employee concerned about your legal rights, early legal advice can help protect your position and reduce risk.

At Adam Bernard Solicitors, our experienced employment law team advises clients across London and throughout the UK on:

  • Employment disputes
  • Unfair dismissal
  • Workplace discrimination
  • Statutory Sick Pay disputes
  • HR compliance
  • Settlement agreements
  • Redundancy and restructuring
  • Day-one employment rights

If you need advice from an experienced Adam Bernard Solicitors employment law team, contact us today for confidential legal guidance.

Frequently Asked Questions

What is the Employment Rights Act 2025?

The Employment Rights Act 2025 introduced major workplace reforms that came into force during 2026, including expanded family leave rights and changes to Statutory Sick Pay.

When did the new SSP rules start?

The new Statutory Sick Pay rules came into effect on 6 April 2026.

Is Statutory Sick Pay now paid from day one?

Yes. The previous three unpaid waiting days were removed in April 2026.

Can low-paid workers now receive SSP?

Yes. The Lower Earnings Limit has been abolished, meaning many more workers now qualify.

Can I claim compensation if my employer refuses my legal rights?

Potentially, yes. Employees may be able to bring claims in the Employment Tribunal depending on the circumstances.

Do employers need to update contracts and policies?

Absolutely. Employers should urgently review contracts, payroll systems, and HR procedures to ensure compliance with the 2026 reforms.

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