Know Your Rights – The Employment Rights Act 2025

So, what do these changes actually mean for you as an employee?

Here are some of the key changes you should know about.

Industrial action

The rules around industrial action have changed significantly. Since February 2026, amongst other changes:

· if you are dismissed for taking part in protected industrial action, your dismissal is automatically unfair;

· the previous 12-week limit for bringing an unfair dismissal claim following industrial action has been removed;

The minimum service level regime was also removed in December 2025.

These changes give employees taking part in lawful industrial action greater protection. If you are involved in industrial action or a trade union dispute, it is important to understand your rights, particularly if your employer is considering disciplinary or dismissal action.

Family leave from day one – 6 April 2026

There are also some important changes to family leave.

· paternity leave and ordinary parental leave became day-one rights, meaning you no longer need to have worked for your employer for a minimum period before qualifying;

· restrictions on taking paternity leave after shared parental leave have been removed; and

· a new entitlement of up to 52 weeks' unpaid bereaved partner's paternity leave was introduced for eligible fathers and partners where the mother or primary adopter dies.

So, if you are starting a new job, you may still have important family-leave rights from the beginning of your employment.

Statutory Sick Pay – 6 April 2026

Statutory Sick Pay (SSP) has also changed.

· SSP is payable from the first day you are off sick, rather than from the fourth day; and

· the lower earnings limit has been removed, so you no longer need to earn a minimum amount to qualify for SSP.

This means that more employees may now be entitled to SSP, and you may receive it sooner when you are off work due to illness.

Annual leave – 6 April 2026

Your employer must now keep records of annual leave and holiday pay for at least six years.

This should make it easier to keep track of your holiday entitlement and the holiday pay you have received.

If you think you have not received the correct amount of holiday or holiday pay, it is worth getting advice on your rights.

The Fair Work Agency – April 2026

The Fair Work Agency was created in April 2026.

It brings together existing enforcement functions and is now responsible for enforcing additional employment rights, including holiday pay and Statutory Sick Pay.

The aim is to strengthen the enforcement of employment rights and make sure workers receive the rights and protections they are entitled to.

Collective redundancy – 6 April 2026

If your employer is proposing a large-scale redundancy programme, there are rules they must follow when consulting with employees and their representatives.

From 6 April 2026, the maximum protective award for failing to comply with collective redundancy consultation obligations increased from 90 to 180 days' pay.

If you are affected by a proposed redundancy, it is important to understand the consultation process and check that your employer is following the correct procedures.

Sexual harassment and whistleblowing – April 2026

There is also an important change for employees who raise concerns about sexual harassment at work.

From April 2026, sexual harassment became a qualifying disclosure for whistleblowing purposes.

This means that, in certain circumstances, an employee who makes a protected disclosure about sexual harassment may have whistleblowing protection against detriment and unfair dismissal, as well as the protections available under the Equality Act.



If you raise concerns about sexual harassment at work, it is a good idea to keep a record of what has happened, including any complaints you have made and how your employer has responded.

Trade unions – August 2026

There have also been changes affecting trade union members.

Since August 2026, trade union members can vote electronically or in person in statutory ballots where the employer and trade union agree.

The process for trade union recognition has also been simplified.

These changes may make it easier for employees to take part in trade union ballots and for trade unions to seek recognition in the workplace.

What does this mean for you?

The Employment Rights Act 2025 has introduced some significant changes to workplace rights, and there are more to come.

If you are an employee, now is a good time to make sure you understand your rights. In particular, you should:

· know what family leave you may be entitled to;

· check that you are receiving the correct Statutory Sick Pay and holiday pay;

· understand your rights if you are facing redundancy;

· know what protections may be available if you raise concerns about sexual harassment or other wrongdoing;

· understand your rights if you take part in lawful industrial action; and

· consider speaking to your trade union if you are a member and have concerns about your workplace rights.

What happens next?

The changes do not stop here. Further significant reforms are expected in 2027, including changes relating to unfair dismissal, flexible working, zero-hours contracts and fire and rehire.

The key message is simple: know your rights.

Employment law can be complicated, and it is not always easy to know whether your employer is doing the right thing. If you are concerned about your rights at work or think something may have gone wrong, getting advice early can help you understand where you stand and what options are available to you.

This update provides general information and is not intended to constitute legal advice. If you have concerns about your employment rights or how the Employment Rights Act 2025 affects you, our Employment Team would be happy to advise.