UK: updated timetable for ERA 2025 changes and regulations confirm 6 April 2026 changes to family leave

On 3 February, a new webpage was published setting out a revised timetable for the Employment Rights Act 2025 (updating the Roadmap published in July 2025).  It looks like this may be kept up to date to reflect any further changes - it has already been updated/corrected several times.  The main changes to the previous Roadmap are:

• the fire and re-hire measures will take effect in January 2027, delayed from October 2026;
• (as previously announced in parliament) the reduction in the unfair dismissal qualifying period to six months and the removal of the cap on compensatory awards is to take effect for dismissals from January 2027
• new "menopause guidance" is to take effect on 6 April 2026 (presumably to coincide with publication of the proposed gender equality action plan provisions, which will be voluntary from this date and mandatory from 2027);
• electronic and workplace balloting has been put back from April to August 2026 for statutory trade union ballots and 2027 for recognition and derecognition ballots;
• the increase in employment tribunal time limits will take effect "no earlier than October 2026" rather than October 2026, suggesting there could be some slippage;
• it is now specified that the power to make regulations setting out the steps that employers should take to prevent sexual harassment will come into effect in October 2026 (although note that the specified steps are still listed as taking effect in 2027;  the government factsheet on this states that these steps will be brought into force in 2027/2028 after consultation).

At the time of writing, the Government have still not confirmed timing for the new provisions on non-disclosure agreements (making ineffective the prohibition of disclosure of discrimination allegations), nor for the new requirement to keep records of compliance with statutory annual leave and pay rights. 

April 2026 changes

The first set of commencement regulations for the Act have also been published.  These make provision for the removal of the qualifying period for paternity leave and unpaid parental leave, and of the prohibition on taking paternity leave after having taken shared parental leave, to take effect from 6 April 2026 as planned.  Transitional provisions temporarily reduce the notice period required to exercise the right to take paternity leave (from the usual 15 weeks before the expected week of childbirth to 28 days) for those with an expected week of childbirth between 5 April 2026 and 25 July 2026, to ensure those eligible can exercise the right from 6 April 2026.  

The commencement regulations also extended the existing ban on exclusivity terms to cover all zero hours arrangements, not just those that are contractual, with effect from 6 January 2026, and make provision in relation to various trade union law reforms in force from 18 February 2026 (including removing the current 12 week time limit on protection from unfair dismissal for taking part in protected industrial action).

We are still awaiting commencement regulations for the other April 2026 changes: to statutory sick pay (removing the three day waiting period and the lower earnings threshold), the clarification that disclosures of sexual harassment are potential qualifying disclosures for whistleblowing purposes, and the doubling of the maximum protective award for failing to meet collective redundancy consultation obligations to 180 days' pay per affected employee.  Government advice for employers published here suggests that the intent is to double the protective award in respect of dismissals taking effect on or after 6 April 2026.

Regulations have also been laid before Parliament to provide fathers and partners who lose their partner before their child’s first birthday with a new day one right of up to 52 weeks' bereaved partner's paternity leave (note there is currently no right to statutory pay). The draft regulations are intended to come into force on 6 April 2026 and also provide for bereaved fathers/partners to remain on paternity leave for up to eight weeks where the child also dies, to take 'keeping in touch' days during extended leave and to benefit from extended enhanced redundancy protection. Similar rights are provided for those who have adopted a child.

Employers only have a few weeks to prepare for the 6 April changes. Actions to consider include:

• updating family policies - noting that it will be for employers to decide whether to extend any contractual paternity pay, given that the eligibility requirements for statutory paternity pay (including 26 weeks' service) remain in place, and there is no new right to statutory bereaved partner's paternity pay;  
• amending whistleblowing policies to make clear that  whistleblowing mechanisms can be used for disclosures of sexual harassment (which could include disclosures by a witness rather than the target of harassment, and could concern sexual harassment of or by a third party); 
• updating sickness policies/contractual documents along with absence-recording and payroll systems;
• briefing line managers on these changes.  

Employers currently engaged in redundancy programmes will also need to ensure relevant managers are aware of the proper processes to be followed and/or factor in the increased potential protective award, depending on the timing of the dismissals.  We have prepared a client briefing that focuses on the steps employers should be taking now and in the next few months to prepare for the 2026 changes;  please do get in touch with your usual contact if you would like a copy.