Summary
This is a summary timetable of the changes that will be made by the Employment Rights Act 2025 and the policies that will or may need to be updated. We will be contacting our clients over the next week to assist in policy amendments. Changes will need to be consulted on with Trade Unions but this will be done via email. We are not expecting any particular issues as the changes are basic legal changes.
In force 6th April 2026
Family leave:
• Day 1 right to paternity leave
• Day 1 right to unpaid parental leave
• Bereaved partners’ paternity leave
Policies to update:
• Family Leave
• Paternity
• Parental/Special/Bereavement Leave
Statutory Sick Pay (SSP):
• Removal of lower earnings limit
• Removal of three day waiting period
Policies to update:
• Sickness Absence
Whistleblowing:
• Extension to include disclosures about sexual harassment to be deemed protected disclosures
Policies to update:
• Whistleblowing
• Sexual Harassment
Sexual Harassment:
• Worker Protection Act (2024) – employers currently have a duty to take steps to prevent sexual harassment
• This will be strengthened to require “all reasonable steps” from October 2026
• Extension to include protection against harassment by third parties (e.g. contractors or visitors)
Expected 1st January 2027
Unfair dismissal:
• Qualifying period reduced to 6 months
• Cap on compensation removed (current cap one year’s gross pay or £118,223 whichever is lower)
Policies to update:
• Probationary periods
• Disciplinary procedures
• Redundancy procedures
• Fixed term contracts policy
“Fire and rehire”:
• Dismissal and re-engagement expected to become automatically unfair
• Further regulations needed for detail
Policies to update:
• Restructuring / organisational changeFurther Detail
6th April 2026
Family Leave Changes
From 6 April 2026, new day-one rights to paternity leave and unpaid parental leave will come into force. This removes the current service requirements for these entitlements, meaning employees may access them from the start of employment.
Bereaved partners’ paternity leave will also be introduced, allowing a surviving partner to take paternity leave where the child’s primary carer dies.
The new paternity leave provisions apply to children born on or after 6 April 2026, children where the expected week of childbirth begins on or after 5 April 2026, children placed for adoption on or after that date, and cases where a child’s primary carer dies on or after that date.
Schools should review family leave, paternity and parental leave policies to ensure that eligibility criteria reflect the new day-one rights.
Statutory Sick Pay (SSP)
Changes to Statutory Sick Pay will remove both the lower earnings limit and the three-day waiting period. As a result, SSP will become payable from the first day of sickness absence and will apply to a wider group of lower-paid employees.
Schools will need to review sickness absence policies, payroll processes and return-to-work procedures to ensure they reflect the revised SSP rules.
Whistleblowing
From 6th April 2026, disclosures relating to sexual harassment will fall within the scope of protected disclosures under whistleblowing legislation.
This means that workers who raise concerns about sexual harassment may receive whistleblowing protection where the disclosure meets the statutory criteria. Schools should therefore review whistleblowing policies and reporting mechanisms to ensure they clearly cover concerns relating to harassment and inappropriate conduct.
Collective Redundancy Changes
From 6th April 2026, the maximum protective award available where an employer fails to comply with collective consultation obligations will increase from 90 days’ pay to 180 days’ pay.
Further changes are expected in 2027 to introduce an additional organisation-wide threshold that may trigger collective consultation where large numbers of redundancies occur across multiple establishments. The exact threshold will be set through regulations following consultation.
Expected October 2026
Sexual Harassment Duties
Employers already have a duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023 to take steps to prevent sexual harassment in the workplace.
From October 2026, this duty is expected to be strengthened so that employers must take “all reasonable steps” to prevent sexual harassment. The reforms will also introduce provisions relating to harassment by third parties, such as contractors, visitors or service users.
Schools should review their sexual harassment policies, reporting procedures and staff training to ensure that preventative measures are robust.
Expected 1st January 2027
Unfair Dismissal Reforms
From January 2027, the qualifying period required to bring an unfair dismissal claim is expected to reduce from two years’ service to six months.
In addition, the statutory cap on compensatory awards for unfair dismissal is expected to be removed. These changes may increase the potential financial exposure for employers in dismissal cases.
Schools should therefore review probation arrangements, performance management processes and dismissal procedures.
Dismissal and Re-engagement (“Fire and Rehire”)
Legislation expected to come into force in January 2027 will significantly restrict the use of dismissal and re-engagement to impose contractual changes. In most circumstances, dismissing employees in order to re-engage them on revised terms is expected to become automatically unfair.
Schools should ensure that restructuring and contractual change processes place greater emphasis on consultation and agreement with employees and recognised trade unions.
Further Measures Expected in 2027
Additional reforms are expected during 2027, including equality action plans, strengthened protections relating to dismissal during pregnancy or family leave, and new rights relating to predictable working hours and guaranteed hours.
Further regulations are required before these measures take effect. We will support schools in reviewing relevant policies and documentation, advising on the practical impact of these reforms, and assisting with policy amendments.
