April 2026 marks the first major implementation phase of the Employment Rights Act 2025. For employers, the immediate priorities concern payroll, leave administration, redundancy planning, whistleblowing handling and record keeping.
A number of changes took effect on 6 April 2026, with the Fair Work Agency launching on 7 April 2026 as the new single enforcement body for a range of workplace rights.
Several of the new rights are day-one rights, some increase financial exposure where processes fail, and others raise the standard for documentation and internal reporting. More reforms are scheduled for 2026 and 2027, including unfair dismissal changes from 1 January 2027, so there is a clear case for reviewing policies and manager guidance now rather than waiting for the next commencement date.
Statutory Sick Pay now applies more widely and starts earlier
From 6 April 2026, Statutory Sick Pay is payable from day one of sickness rather than day four. The lower earnings limit has also been removed, bringing more lower-paid workers into scope. Transitional rules apply for some long-running absences that started before the change, so payroll teams should check whether any current sickness cases fall within the transitional regime.
For HR, the practical effect is immediate. Absence policies, manager guidance, payroll settings and template communications should all reflect day-one SSP. Costs may increase in some businesses, but the more significant risk is administrative error, especially where older policies still refer to waiting days or earnings thresholds that no longer apply.
Paternity leave and unpaid parental leave are now day-one rights
Employees are now eligible to give notice to take Paternity Leave and Unpaid Parental Leave from the first day of employment. The previous service requirement no longer applies for these rights from 6 April 2026. Government guidance presents this as one of the central April changes for employers.
HR teams should review family leave policies, onboarding material, line manager guidance and notice procedures. Systems that still refer to a qualifying service period should be corrected. Recruitment and probation discussions also need care, as managers can no longer assume that new joiners are outside scope for these rights.
Bereaved Partner’s Paternity Leave adds a further family leave entitlement
The April 2026 package also introduced a right commonly referred to as Bereaved Partner’s Paternity Leave, covering time off following the death of a child’s mother or primary adopter. Government factsheet material confirms that bereavement, paternity and unpaid parental leave changes were part of the April commencement package.
From an HR perspective, sensitivity and speed matter. Policies should explain eligibility, notice and evidence requirements in clear terms, but managers also need discretion and training so that bereavement cases are handled consistently and compassionately. Family leave processes should not be left to ad hoc decision-making where the employee is dealing with acute grief.
Collective redundancy exposure has increased sharply
From 6 April 2026, the maximum protective award for failure to comply with collective redundancy consultation obligations increased to 180 days’ pay per affected employee. Government guidance describes the award as having increased significantly, and legal commentary confirms the previous 90-day cap has doubled.
That change has obvious implications for HR teams involved in restructures, site closures and large-scale headcount reductions. Consultation planning, election of representatives, timing, communications and legal oversight all now carry greater financial importance. A defective process has become much more expensive, especially where large employee populations are involved.
Sexual harassment disclosures now receive clearer whistleblowing protection
From 6 April 2026, the law now makes explicit that a disclosure about sexual harassment can amount to a protected disclosure for whistleblowing purposes. Previously, such concerns had to be fitted into existing wrongdoing categories such as health and safety. Government factsheets and employer guidance both confirm the new express protection.
HR should review whistleblowing policies, speak-up channels, investigation processes and anti-harassment procedures together rather than treating them as separate issues. A complaint about sexual harassment may now engage whistleblowing protections as well as harassment law, victimisation risk and unfair dismissal risk. Mishandling a complaint can therefore create multiple claims at once.
The Fair Work Agency changes the enforcement landscape
The Fair Work Agency launched on 7 April 2026. It brings together the former Gangmasters and Labour Abuse Authority, Employment Agency Standards Inspectorate, Director of Labour Market Enforcement functions and HMRC’s National Minimum Wage enforcement role into a single body. Government material describes it as a single point of contact with powers to inspect, investigate and penalise businesses, while also supporting employers who want to comply.
For HR teams, the key point is practical rather than constitutional. Enforcement is now easier to navigate for workers and more joined up for the state. Issues that may previously have sat in separate compliance silos, such as underpayments, holiday pay or labour market abuses, are now more likely to be viewed through one enforcement lens.
Holiday pay and annual leave records now need far greater discipline
Employers are now required to keep adequate records showing compliance with annual leave entitlement and holiday pay rules, and those records should be retained for six years from the date they were made. The relevant provisions are now in force and government and professional commentary both highlight the six-year retention period.
HR and payroll teams should not treat this as a narrow filing point. Record keeping should cover enough information to demonstrate compliance if challenged, including entitlement, leave taken, pay calculations and any irregular-hours issues where relevant. Poor records make it harder to defend claims and easier for an enforcement body to infer wider compliance failures.
Gender pay gap and menopause action plans are voluntary for now, but not trivial
From April 2026, employers with 250 or more employees have the option to produce and publish a voluntary action plan alongside gender pay gap data. Government guidance says these plans are intended to reduce the gender pay gap and support employees experiencing menopause, and that they are expected to become mandatory from spring 2027 subject to secondary legislation.
Large employers should not dismiss the current regime as optional and therefore low priority. A voluntary framework often becomes tomorrow’s compliance baseline. HR teams may want to begin planning now, especially where workforce data, progression issues or menopause support are already live board-level topics.
Unfair dismissal reform is still ahead, but HR preparation should already be underway
Changes to unfair dismissal protections are due to come into force on 1 January 2027, and government guidance indicates employers may need to act now, including reviewing employment policies. Later reforms across 2026 and 2027 are also expected in areas including trade union legislation and harassment protection.
HR teams should therefore avoid a narrow April-only response. Probation, performance, conduct, grievance, family leave, redundancy and record-keeping policies all sit within the wider reform programme. Early review is likely to be easier, cheaper and more reliable than trying to retrofit compliance at the point the next set of changes takes effect.
What HR should do now
In light of the new rules and requirements, HR should review sickness, family leave, whistleblowing, redundancy and holiday pay policies against the April 2026 position, then check that payroll settings, manager guidance and record-keeping systems match the legal wording. Legal compliance problems often arise not because the policy is missing, but because the policy, the process and the payroll reality no longer say the same thing.
Manager training is equally important. Day-one leave rights, whistleblowing-linked harassment complaints and higher-value redundancy exposure all require sound judgement at line manager level. HR teams that tighten policy wording but leave managers to rely on outdated assumptions are unlikely to get the result they want.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services Limited - a Marketing & Content Agency for the Professional Services Sector.
