Looking Ahead to April – The Employment Rights Bill

As we welcome the start of a new year, it is important to look ahead to the Employment Rights Bill changes that are just around the corner. The Employment Rights Bill (ERB) is set to introduce some of the most significant reforms to workplace rights in recent years. The Bill is to be implemented gradually. However, we focus below on some of the key changes which will take effect from April this year.

Sick Pay – Day One Rights

At present, Statutory Sick Pay (SSP) is only available from the fourth consecutive day of absence, and only where the employee earns an average of £123 per week over the preceding eight weeks. This system excludes many lower paid and part time employees, leaving them without financial support during periods of illness.

From April 2026, the ERB will:

• Remove the lower earnings limit, extending SSP eligibility to all employees regardless of income
• Remove the three waiting days, making SSP payable from the first day of absence
• Set SSP at 80% of average weekly earnings or a flat rate of £118.75, whichever is lower

These changes mean that sick pay becomes a day one right, ensuring that all employees, including those who may not have met the requirements previously, have access to financial support when unwell.

Employers will need to review their sickness absence policies and payroll processes to ensure they reflect the new requirements. It will be essential to train managers and HR teams so that absence is handled consistently under the updated framework, and to communicate these changes clearly to staff in order to build trust and awareness.

Family Friendly Rights

The ERB also plans to strengthen family-friendly provisions, removing qualifying periods that previously sought to limit access to rights for newer employees.

The key changes include:

• From April 2026, paternity leave will be available from day one of employment, removing the requirement for 26 weeks’ service
• Parental leave will also be available from day one – the one-year qualifying period will be removed. Parental leave entitles employees to 18 weeks’ unpaid leave per child up to their 18th Birthday (limited to 4 weeks leave each year per child)
• Paternity leave and pay will no longer be affected by taking shared parental leave – employees will be entitled to take paternity leave (and receive paternity pay) following a period of shared parental leave and pay, lifting the previous restriction on this

Employers should update their family leave policies to reflect these new entitlements and ensure managers, HR, and payroll teams are trained to apply the rules consistently. Raising awareness among employees will also be important so that staff understand their rights and feel supported in exercising them.

Sexual Harassment and Protected Disclosures

As of April 2026, sexual harassment is expected to become a ‘qualifying disclosure’ under whistleblowing legislation, affording protection from unfair dismissal and detriment for whistleblowers making a sexual harassment disclosure. Employers should take this into account when communicating to their staff the available reporting avenues for sexual harassment concerns, updating their sexual harassment policy and whistleblowing policies respectively to capture the changes.

Other Key Changes to Note

• The Fair Work Agency (FWA) is to be established in April 2026. This seeks to introduce greater enforcement of employment rights like holiday pay and SSP
• Gender pay gap and menopause action plans are to become voluntary from April 2026, and then mandatory for employers with 250+ employees in 2027
• The maximum protective award for a failure to consult in a collective redundancy is expected to double from 90 days’ pay, to 180 days’ pay

In conclusion, the ERB represents a major shift in employee rights, and it is important that employers take action to prepare for the first stage of implementation in April 2026 by updating their policies, putting training in place and ensuring payroll systems are ready.

If you have queries or questions in relation to the incoming Employment Rights Bill changes in April 2026, please do not hesitate to contact a member of the AfterAthena team (part of the Napthens Group) who are able to offer 30 minutes of free advice to QCS members.