Quick Hits
- The Employment Rights Act received Royal Assent in December 2025.
- Changes to Employment Laws will come into effect in February, April, and October of this year.
- With so many legislative updates, it is likely that employers will see an increase in tribunal claims and a longer waiting period between the start of a claim and the final hearing.
Keeping track of when each legislative update comes into effect can be confusing. This timeline provides a breakdown of the scheduled changes to employment law this year.
| February 2026 | Employment Rights Act (Industrial action) | Following the Royal Assent on 18 December 2025, changes will be introduced to industrial action, which will include: Extending the validity of industrial action mandates to 12 months. Removing existing restrictions on picketing. Shortening the notice period for industrial action to 10 days. Reducing the amount of information required in industrial action ballot notices and on ballot papers. |
| April 2026 | Employment Rights Act (Family leave, SSP, whistleblowing, unions) | Day-one rights to paternity leave and unpaid parental leave will be introduced for eligible employees, and paternity leave will be permitted after shared parental leave. Employees will be entitled to statutory sick pay (SSP) from the first day of sickness, and the lower earnings limit for SSP will be removed. Whistleblowing protection will explicitly include disclosures related to sexual harassment. Various reforms will be made to the statutory union recognition process. Provisions will be introduced to allow electronic and workplace balloting. |
| 6 April 2026 | Standard Changes to statutory payments | For statutory sick pay, maternity pay, adoption pay, paternity pay, shared parental leave pay, neonatal leave pay, and parental leave pay the weekly rate of leave payments will increase. Family-related leave will increase from £187.18 to £194.32. Statutory sick pay will increase from £118.75 to £123.25. |
| 6 April 2026 | Change to the protective award | The protective award for failure to collectively consult will increase from 90 days’ pay to 180 days’ pay. |
| 6 April 2026 | The Finance Bill is expected to introduce rules making recruitment agencies and end clients jointly and severally responsible, alongside umbrella companies, for meeting PAYE and National Insurance obligations. | |
| October 2026 | Employment Rights Act | Limits will be placed on the practice of fire-and-rehire when an employer seeks to impose a restricted change to an employment contract without the employee’s agreement. New protections will be introduced for trade union representatives and members. Employers will be required to provide a written statement confirming an employee’s right to join a trade union at the start of employment and at regular intervals thereafter. Employers will have a duty to take all reasonable steps to prevent sexual harassment and third-party harassment of their employees. Restrictions will be introduced on the use of nondisclosure clauses to stop workers from making allegations or disclosures about harassment or discrimination. The time limit for bringing most tribunal claims will be extended to six months. Trade unions will gain rights to access workplaces both physically and through digital means. |
On the Horizon for 2026
Although no specific timeline has been given, the following developments are expected to occur this year:
- The publication of the response to the 2025 consultation on the proposed Equality (Race and Disability) Bill, along with a draft of the legislation, is anticipated. This bill would require employers with 250 or more staff to report on disability and ethnicity pay.
- Reforms to noncompete clauses in employment contracts are expected, aimed at increasing flexibility for workers.
- A new consultation on employment status is planned, intended to clarify the framework for categorising workers and employees.
Key Takeaways
With so many changes in the legislation, it is likely that employers will see an increase in tribunal claims. Given the already overrun tribunal system, HR professionals and in-house lawyers may want to note that the period between the start of a claim to the final hearing is likely to increase.
Ogletree Deakins’ London office will continue to monitor developments and will post updates on the Cross-Border, Ethics / Whistleblower, Leaves of Absence, Pay Equity, Traditional Labor Relations, United Kingdom, and Wage and Hour blogs as additional information becomes available.
Justin T. Tarka is a partner in the London office of Ogletree Deakins.
Ella Strickland, a marketing assistant in Ogletree Deakins’ London office, contributed to this article.
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