Employment law is changing from today
Be ready for the biggest reforms in decades, advises Liam Entwistle
The introduction of the Employment Rights Act 2025 marks one of the most significant reforms to UK employment law in decades.
The legislation is being phased in across 2026 and into 2027. Many employers are focused on the upcoming changes coming into effect from October, including protection from Third Party Harassment, but there are important provisions being rolled out sooner that mustn’t be overlooked.
Today, April 6, sees the expansion of day-one employment rights to include paternity leave. Statutory Sick Pay (SSP), Maternity Pay and Allowance, Adoption Pay and Shared Parental Pay are increasing. For Statutory Sick Pay, the lower earning limit and waiting period has been removed.
Employers should carry out an audit of their SSP procedures, refresh absence management training and ensure their payroll team is ready for the changes.
It will be the responsibility of employers to ensure employees don’t misuse the changes in SSP by having robust procedures in place including return-to-work interviews and adequately capturing the data from periods of illness.
A simplified trade union recognition process has also come into force alongside enhanced whistleblowing protections.
The streamlined recognition process will make it easier for trade unions to get into the workplace and speak to employees.
The best way to ensure recognition of a trade union is not forced on an employer is having a good relationship with employees so they don’t feel they need one – and as such, employers should be reviewing their internal communications.
Having workplace councils or representatives who have the opportunity to meet regularly with management to discuss any potential issues, and being transparent when it comes to pay reviews, can help ensure good lines of communication with employees without them feeling they have to turn to a trade union to have their voice heard.
But if a trade union does request access to staff, employers should also have a contingency plan in place outlining the access they will provide and the steps they are taking to ensure the lines of communication are open.
All new employees now have the right to be told they can join a trade union; this should be included in the covering letter with their terms and conditions.
If someone discloses sexual harassment in the workplace, the new legislation means that they are now protected from victimisation in cases of public interest disclosures (whistleblowing) and it is the responsibility of employers to ensure they are not open to victimisation from other employees.
Another important reform relates to redundancy consultation. Where employers fail to properly consult staff during collective redundancy processes, the maximum protective award that a tribunal can impose has doubled to a maximum of 180 days’ pay per affected employee. This significantly increases the financial risk for organisations that do not follow the correct procedures, seeing them pay out a maximum of six months’ pay per employee.
Unfortunately, there are sometimes mass redundancies at larger organisations, and it can be common when handling redundancies on a larger scale for procedures for employees to slip through the net – resulting in the risk that employees can bring forward a claim. Moving forward, mistakes like these will come at a much higher cost.
Employment lawyers are on hand to advise employers of all the steps they should be taking as we continue to see the changes introduced.
Liam Entwistle is Head of Employment, WJM