Employment Rights Act 2025

In brief

Major Act reshaping UK employment rights. Repeals most of the Trade Union Act 2016 (in force 18 February 2026); introduces day-1 protected disclosures on sexual harassment under s.23, day-1 SSP without earnings threshold or waiting period, day-1 paternity and unpaid parental leave (in force 6 April 2026); removes statutory cap on compensatory unfair-dismissal awards; reduces unfair-dismissal qualifying period from 2 years to 6 months (expected 1 January 2027); extends trade union rights to inform / access / accommodation (October 2026); and introduces a seafarer charter (December 2026).

Key provisions

• s.23 — Sexual-harassment protected disclosures (in force 6 April 2026): Amends ERA 1996 Part IVA to make explicit that disclosures about sexual harassment qualify as protected disclosures, removing prior uncertainty over which s.43B limb applies.
• phased commencement — Day-1 SSP, paternity, parental leave (6 April 2026); UD cap removed; UD qualifying period reduced to 6 months (~1 Jan 2027): Removes most pre-conditions on statutory sick pay, paternity leave, and unpaid parental leave; lifts the statutory cap on compensatory unfair-dismissal awards; reduces qualifying service for unfair-dismissal protection from 2 years to 6 months.

When relevant

Rights Impact and Advisory engagements involving employment situations; particularly cases where the affected individual is in the first 6 months of employment, or where statutory sick pay / paternity / parental leave is engaged; whistleblowing-on-sexual-harassment cases under s.23.