The Employment Rights Bill finally
received Royal Assent just before the 2025 Christmas break and it subsequently became the Employment Rights Act 2025.
The Act brings with it additions and amendments to existing legislation. The changes to employment law will take place over a period of two years, with most of them happening in 2026 and 2027. The government remains committed to the timeline in its
Implementing the Employment Rights Bill: roadmap which was published in July 2025.
| Impending changes |
Effective date |
| Removal of minimum service levels for strikes |
On Royal Assent |
| |
|
| Increased dismissal protection for industrial action |
February 2026 |
| |
|
| Trade union activity |
|
Family leave
- Paternity leave* will become a ‘day one right’ (currently eligible after 26 weeks by 15 weeks before due date. *This change only applies to leave, not pay).
- Restriction on taking paternity leave after shared parental leave will be removed.
- Ordinary parental leave will become a ‘day one right’ (currently eligible after 1 year).
Sick pay
- Statutory sick pay (SSP) will be payable from first day of illness (currently from fourth day).
- The lower earnings limit (LEL) will be removed.
- Collective redundancy protective award.
- The maximum ‘protective award’ for failure to consult in collective redundancy will increase to 180 days’ pay (currently 90 days’ pay).
Fair Work Agency
- Will be established to bring together existing enforcement agencies.
- Will take on enforcement of other employment rights, such as holiday pay and sick pay.
Whistleblowing protections for sexual harassment
- Sexual harassment will become a ‘qualifying disclosure’ under whistleblowing law.
|
April 2026
|
The government has produced a factsheet for each area of the Act which can be found
here. These include the establishment of the
School Support Staff Negotiating Body (SSSNB).
Please note that these changes related to minimum statutory entitlements. Many education employers offer enhanced provisions, and we would expect these to continue.
A further round of changes will be implemented in October 2026, more details will follow shortly.